| The delivery of the arbitration document is the basis for the successful initiation of the arbitration proceedings and is related to the advancement of other arbitration procedures.Appropriate and effective service not only to protect the legitimate rights and interests of the parties to arbitration,to ensure the smooth conduct of the proceedings,but also conducive to enforcement of arbitral awards.The provisions of the commercial delivery system are not clear and specific at the national legal level.In fact,they are stipulated by the rules of various arbitration institutions.Arbitration institutions have greater autonomy in the regulations,but often ignore the characteristics of the arbitration system or over-learn civil litigation,and caused a series of problems.As an important part of the commercial arbitration procedure,the arbitration delivery system must establish a delivery system that conforms to the arbitration law,reflects the characteristics of the arbitration system,and guarantees the efficient and fair arbitration.The key is to uphold the basic principles of party autonomy and balance the conflict between procedure fairness and efficiency.Accordingly,this article will be developed from the following five sections:The first part mainly summarizes the function and significance of arbitration delivery,clarifies the research significance and importance of the delivery system,and briefly reviews the status quo of arbitration delivery legislation at the legislative level.The second part mainly analyzes the delivery rules of 100 arbitration institutions,analyzes the main body,content and delivery methods and development trends of the arbitration delivery rules.The third part mainly analyzes the problems of arbitration delivery in China in combination with the above-mentioned status quo,including: the principle of arbitration delivery is not clear,and the party’s autonomy is not fully respected;the arbitration service needs to meet the requirements of procedural justice,and the arbitration itself pursues efficiency.The contradiction between due process and efficiency still exists,and too much reference to the civil litigation delivery system;the judgment criteria for effective delivery are not clear;the announcement delivery is in the form of inefficiency.The fourth part mainly examines the extraterritorial arbitration institutions and UNCITRAL Model Law on International Commercial Arbitration.The application methods of different arbitration rules have certain commonality.Through the study of the rules of the extraterritorial arbitration institutions and UNCITRAL Model Law,draw some experience for reference.The fifth part,combined with the experience of extraterritorial arbitration institutions and the rules of the Model Law,puts forward the perfect thinking of the delivery system of China’s commercial arbitration,including: establishing a clear and scientific principle of arbitration,that is,respecting the autonomy of the parties.The principle of procedural justice and efficiency;clarify the criteria for effective delivery,and clarify the basis and judgment factors for legal and effective delivery;try to establish a unified model for the delivery of civil and commercial arbitration,to improve the arbitration delivery system in China Suggestions for operation. |
