On The Perfection Of Arbitrator Selection And Appointment System Of Commercial Arbitration Institutions In China

The operation of an arbitration institution cannot be separated from the arbitrators,who are mainly responsible for the trial of the case and the control of the procedure of the arbitration trial.Arbitrators are the core component of the arbitration team,so they must have certain professional quality and professional character.In developed countries or regions,some commercial arbitration in no arbitrator qualification strictly limited,arbitration as an important part of the diversified dispute solution mechanism in our country,must guarantee the justice,efficiency and operation specification,so the need of our country commercial arbitration institutions in the arbitrators qualifications shall be qualified,by selecting excellent arbitrator to achieve the goal of strictly controls the quality of arbitration cases,so as to guarantee justice and arbitration function into full play.Compared with developed countries in commercial arbitration,China’s arbitration system started late,but developed rapidly and formed a unique dispute resolution mechanism with Chinese characteristics.In order to adapt to the healthy development of China’s arbitration industry under the new situation,it is necessary to improve the arbitration system including the selection and appointment of arbitrators.The system of arbitrator selection and appointment includes requirements on the qualification of arbitrators and provisions on the procedure of arbitrator selection and appointment.In addition to the introduction and conclusion,this paper is divided into four parts:The first part is the present situation of the selection and appointment of arbitrators in commercial arbitration institutions in China.This part expounds the current situation of the selection and appointment of arbitrators in commercial arbitration institutions in China,including the backwardness of the current system and the fact that in the specific operation of arbitration institutions,the selection and appointment of arbitrators pays more attention to the formal review,ignoring the current situation of the substantive review of arbitrators,and finds out the existing problems by showing the current situation.The second part,the defects and reasons of the system of arbitrator selection and appointment in commercial arbitration institutions.This part of the analysis of the current system of selecting and appointing arbitrators commercial arbitration institution of China there are still several problems,including institutional defect and deficiency in the system,such as the arbitrator of general moral requirements,professional requirement is very strict,to the process of selecting and appointing arbitrators is not standard,and further analyzes the reasons of the existence of defects,including the concerning system design,lack of industry associations to guide.The third part,the practice investigation and enlightenment to the outside arbitration organization.Qualification of this part of the arbitrators generally models and strict qualification to distinguish,respectively,enumerates the Britain,the United States and China’s Taiwan region of the system of selecting and appointing arbitrators specific operation specification,thus consummates our country the system of selecting and appointing arbitrators commercial arbitration institutions revelation,including reference to American commercial arbitration institutions to when selecting and appointing arbitrators to interview,and our country Taiwan area such as the rules of the arbitration system of arbitrators negative qualification.The fourth part puts forward four Suggestions on how to improve the arbitrator selection and appointment system in commercial arbitration institutions.Through to our country commercial arbitration system of selecting and appointing arbitrators rules and practice of the deficiencies and causes were analyzed,and combining the system of selecting and appointing arbitrators outside arbitration institutions beneficial experience,put forward to promote the development of our country commercial arbitration institution system of selecting and appointing arbitrators reasonable Suggestions,including to improve on the qualifications of the arbitrator,to perfect the procedure of selecting and appointing arbitrators,to join the arbitration association of the guidance and supervision,and strengthen the information disclosure,etc.