Research On Joinder And Intervention Of Third Parties In Arbitration

Because of the consensual nature of arbitration,the joinder of third parties which are not parties to the arbitration agreement may hamper arbitration's autonomy and confidentiality.However,with the development of modern transactions,third parties are frequently involved in disputes.As a result,the traditional bilateral dispute resolution system does not fit complicated disputes that involve multiple parties any longer.In order to adapt to social and economic development,modern legal theories keep on innovate and arbitration institutions begin to absorb rules of consolidation of arbitration,multiple-party arbitration,multiple-contract arbitration as well as joinder of third parties.The belief that third parties should not be allowed to get in the arbitration proceedings between others is challenged and some counties tries to discuss the possibility of third parties in arbitration.The joinder of third parties is necessary in reality and feasible theoretically.The national laws abroad and international arbitration rules also provide references.Although it is a fact that joinder of third parties is not generally accepted,however,as a professional legal service which resolve commercial disputes,or as an social resolution dispute system,arbitration should not be viewed as a close system,which existence must adapt to the new trend of society and make contributions to the dispute resolution mechanism.Thus,after discussing the necessity and theoretical bases of joinder of third parties,this essay also puts forward ideas as to some specific operational issues,looking forward to make contributions to the development of arbitration system in China.The first chapter introduces the concepts of third parties in arbitration comprehensively and points out that although most authors and scholars use the word third parties in arbitration,however,they may refer to different meanings.This essay tries to make a definition of this concept,which is fundamental to the research.The second chapter discusses the foreign regulations on joinder of third parties.At the level of national law,this essay selects the laws of Netherlands,the USA and the UK.At the level of arbitration rules,this essay looks into the Rules of Arbitration of ICC(2017 version),Arbitration Rules of the arbitration institute of the Stockholm chamber of commerce(2017 version),Arbitration Rules of the LCIA(2014 version),Rule of the SI AC(2016 version),Swiss Rules of International Arbitration(2012 version)to find out the recent trend and provide references to our country.Chapter three discusses the reality necessity and basic theories that support the joinder of third parties.The issue of third parties is the result of the development of modern transaction,however,the reality necessity of the joinder of third parties cannot totally justifies its existence in the arbitration field,some supportive legal theories are also required.This essay points out that from the perspective of the nature and value of arbitration,rules on joinder of third parties are necessary in reality and feasible theoretically.Chapter four discusses the current situation of the rules on joinder of third parties in China,including the national law/judicial interpretation,cases/precedents and arbitration rules.Although it is a fact that current laws and cases generally tend to show a negative attitude towards the joinder of third parties,however,some arbitral institutions tried to involve third parties in arbitration actively,especially the Arbitration Rules of SHIAC(2015 version)and Arbitration Rules of Guangzhou Arbitration Commission(2017 version),which distinguish the third parties which are bound by arbitration agreements or not expressly.This trend is a pleasant signal.Chapter five explores some specific issues may arise when third parties are involved in the arbitration.As a study of the joinder of third parties,it should not only provide theoretical bases,but also make operational guidance in order to resolve difficulties in reality.This chapter discusses four specific questions,including the parties who has the right to file the application and when should the application be filed;the parties whose consents are required for a third party to join the arbitration and whether the institution or arbitral tribunal should seize the decision-making power;the due process to select the arbitrators under the equal treatment of parties,as well as the legal position and rights of third parties that joined in the arbitration.