Research On Additional Arbitral Parties

As the complications of commercial content and the chain of transaction,the issue of arbitration rights of interested parties caused by a transaction involving multiple parties’ interests and a contract involving multiple parties has long been normalized,making additional arbitration parties a hot topic in the field of arbitration.However,it is not difficult to see from the status quo of the additional arbitration parties that theoretical studies that are inconclusive cannot fundamentally solve the practical problems.At the same time,the arbitration practice of "a hundred flowers blooming" makes the additional arbitration parties extremely lack of standardization.In this regard,we should liberate from the epistemology of autonomy of will that is static and metaphysical,and then grasp the fundamental connotation of autonomy of will,and firmly combine the urgent needs and useful exploration of arbitration practice on this basis.In addition,it’s necessary to clarify the conditions for additional arbitration parties,refine the procedures for additional arbitration parties,and improve the rights protection mechanism for additional arbitration parties.Only in these ways can we provide rules and guidelines for additional arbitration parties from the source.The text is divided into four chapters:The first chapter discusses "theoretical interpretation of additional arbitration parties".In this chapter,we mainly explore the two issues of the concept analysis of the additional arbitral parties and the basic principles of the additional arbitral parties.The first issue is to briefly introduce the parties to additional arbitration from the perspectives of concepts,features,subject status,and related concepts,so as to have a general understanding of the research object of this article.The second question involves the three basic principles of additional arbitral parties,which provides principle guidance for the conditions of additional conditions for arbitral parties.The second chapter discusses "the status quo and plight of the parties to additional arbitration in China".In this chapter,the main contents are the status quo of the additional arbitration parties,the plight of the additional arbitration parties,and the reasons for the existing plight of the additional arbitration parties.Among them,the current status of additional arbitration parties mainly includes the status quo of legislation,rules,and practice.Using the status quo as a support,it analyzed four real dilemmasin depth:the scope of China’s additional arbitration parties,which has a narrow scope of subjects,inconsistent additional conditions,unclear additional powers,and inadequate rights protection mechanisms.At the same time,from the macro and micro perspectives,we summarize the specific causes of the existing plight of the additionalarbitration parties in China,and provide ideas for the improvement of the arbitration parties.The third chapter discusses "the study of extraterritorial law of additional arbitration parties".This chapter mainly summarizes the legislative research and rules research on extra-territorial parties.For legislative studies,the relevant laws and regulations on additional parties to arbitration are summarized and listed in the statute.For the study of rules,it mainly refers to the relevant arbitration rules of internationally renowned arbitration institutions involving additional arbitration parties,in order to summarize the commonality and individuality of the extra-arbitrary arbitration parties in a comparative analysis method,thereby forming an inspiration to China.The fourth chapter discusses "the proposal to improve the rules of additional arbitration parties in China".This chapter makes three main recommendations to unify the requirements for additional parties to arbitration,refine the procedures for additional parties to arbitration,and improve the rights protection mechanism for additional parties to arbitration.As far as the additional conditions are concerned,it can be divided into additional conditions in the case where the parties and the person being added agree afterwards and cases where the parties and the person to be added agree not to agree afterwards.As for the additional procedures,it is mainly to refine the application procedures,notification and response procedures,and review procedures for additional arbitration parties,and to ensure a complete set of operational procedures for the addition of arbitral parties from a procedural perspective.In addition,the right protection mechanism is also mainly aimed at the lack of procedural rights.In short,although additional parties to arbitration are not new in practice,it is obviously not wise to treat them with traditional methods or ideas.On the premise of observing the existing legal framework,it is a perfect strategy to put forward feasibility suggestions purposefully.