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Research On The Protection System Of The Rights Of Outsiders In Arbitration Cases

Posted on:2022-11-19Degree:MasterType:Thesis
Country:ChinaCandidate:R Y TangFull Text:PDF
GTID:2516306614458194Subject:Litigation Law and Judiciary
Abstract/Summary:PDF Full Text Request
In recent years,arbitration has become more and more popular in the field of civil and commercial affairs with its characteristics of autonomy,non-disclosure and high efficiency.However,with the increasing complexity and change of the relationship between social entities,cases of infringement of the rights of outsiders using arbitration procedures have occurred from time to time,which has disrupted the normal judicial order while causing serious infringements of the rights of outsiders.For outsiders in arbitration cases whose rights and interests have been infringed,China lacks perfect and effective remedies in legislation and judiciary at this stage,so the protection of the rights of outsiders cannot be delayed.Faced with the problem of vague definition of the scope of outsiders in arbitration cases,the article first takes the meaning of outsiders in arbitration as the starting point,analyzes the specific scope of outsiders in arbitration cases,and clarifies the difference between outsiders and related concepts in arbitration cases;on the basis of analyzing the necessity of remedies for the protection of the rights of outsiders,the article proposes to build and improve systems such as litigation for the revocation of arbitral awards to achieve comprehensive relief for their rights;in view of the lack of corresponding supporting systems for the protection of the rights of outsiders,the article proposes to build a prior identification mechanism.Specific suggestions such as improving arbitration supervision.
Keywords/Search Tags:Outsiders in arbitration, Set aside the award, No execution
PDF Full Text Request
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