Relief Caused By Arbitral Awards To Outsiders

At the crucial period of social transformation,the further development of market economy and the ever-increasing number of civil and commercial exchanges make arbitration more and more favored by more and more people,with a high degree of autonomy and confidentiality.However,the increasingly complex social relations and the increasingly diverse subjects of disputes make the arbitration agreement break through the traditional effect of restraining only the two sides of the agreement,showing the tendency of expanding to non-signatories;the autonomy and secrecy of arbitration and the nature of"unilateral" But also make the outsider unable to timely and effectively protect their own legitimate rights and interests;judicial practice,the arbitrator outside the case through the application to cancel the arbitration award,to join the arbitration proceedings or put forward the implementation of opposition and other ways to defend their own rights and interests,but" Dismissed cases are also uncommon.Under this circumstance,this paper selects domestic civil and commercial arbitration awards as the object of investigation for the damages caused by outsiders,draws on extra-territory experience of outstanding legislation,combines national conditions and judicial status quo in China,establishes arbitral award revocation complaints,and improves the protection of the interests of outsiders in arbitration cases.The compensation for damages and the enforcement of objection,and the establishment of a full range of arbitration remedy system with the core of these three lawsuits.At the same time,the arbitral tribunal,which is coordinated with this system,will be granted with the power to arbitrate and establish the judicial review procedure.Such other measures are an effective way for China to provide relief to outsiders in the arbitral award damages case.