Remedies For The Infringement Of The Interests Of Outsiders In Arbitration Cases

The arbitration system is an alternative dispute resolution mechanism characterized by autonomy,efficiency,confidentiality and professionalism.It is more and more popular in the civil and commercial fields with its unique characteristics.However,the development of China's arbitration system is still not perfect,which may lead to the infringement of the interests of outsiders in arbitration cases.Therefore,this article can classify the types of interests of the outsiders in the arbitration infringement into three categories: the property rights of the outsiders in the arbitration case,the claims of the outsiders in the arbitration case and the facts confirmed by the arbitration are unfavorable to the outsiders.The reasons for the infringement of the interests of the outsiders in the arbitration case are analyzed from three aspects.First,the reasons for the arbitration system itself,such as arbitration is based on the principle of non-public trials,with the exception of public trials,which facilitates the interests of the parties to the case..Second,the reason for the judicial system is that China's current legal system does not provide effective relief channels for outsiders who are subject to arbitration.The third is the imperfect social integrity system and the low cost of arbitration.Frequent false arbitrations have led to violations of the interests of outsiders in the arbitration case.After consulting the system of arbitration award cancellation by an outsider in France and the system of a third party in Germany,the author believes that the protection of an outsider in France and Germany is of great significance to the improvement of the legal system of the protection of an outsider in China.After learning from the foreign judicial system on the relief of outsiders in arbitration cases,the author puts forward the system construction and Suggestions on the relief of outsiders' interests in arbitration cases in China.One is to learn from the system of cancellation of arbitration award by outsiders in French case to grant the right of cancellation of arbitration award by outsiders in Chinese arbitration award.The other is to supplement and improve the existing system,and to learn from the system of execution objection by outsiders in German case to grant the right of execution objection by outsiders in Chinese arbitration case.Third,it puts forward auxiliary Suggestions for the protection of outsiders in the arbitration case,such as promoting the application of social and public interest clauses,establishing a preventive mechanism for the interests of outsiders in the arbitration case,and investigating the criminal responsibility for the arbitration of malicious collusion in bad circumstances.The author hopes to construct and perfect the way of relief for the right of the outsider in the arbitration case.