| With the deepening of international exchanges and the increasing frequency of trade exchanges,the dispute settlement clause of international disputes,as an important part of contracts,has become more and more important.International commercial arbitration is increasingly favored by the parties because of its flexibility and rapidity,and has gradually become the preferred dispute resolution method for the parties when reaching an agreement.However,the expanding management power of international commercial arbitration institutions has caused discussions and even doubts among relevant scholars and practitioners.The core issue of this paper is the conflict and balance between the administrative power of arbitration institutions and the autonomy of the parties.The conflict between the management power of international commercial arbitration institutions and the autonomy of the parties is mainly reflected in the front and back of the logical chain,one of which is reflected in the background of the expansion of the management right of institutions.The full text starts with the background of the expansion of the management power of the international commercial arbitration institutions,and takes the current practical dilemma as the logical start of the analysis,pointing out that the arbitration institutions inevitably make a series of positive responses to the expansion of the management power in the face of the plight of the malicious abuse of party autonomy;The second is reflected in the impact of the expansion of institutional management power on party autonomy.That is to say,through the perfect modification of arbitration rules and the design of special arbitration procedures,the arbitration institutions have led to the emergence of tension between arbitration rules and party autonomy.Some scholars believe that the most decisive factor and indicator to evaluate the modernization of arbitration is party autonomy.Therefore,in view of the vital position of party autonomy in the field of international commercial arbitration,it is worth pondering whether the phenomenon and trend of expanding the management power of institutions is reasonable and scientific.However,some scholars have pointed out that the autonomy of the parties to arbitration is not boundless,and the proper management of arbitration institutions is the necessary assistance and guarantee for the parties to effectively realize their autonomy of the parties.Therefore,under the realistic trend of the expansion of institutional management power,how to alleviate the conflict between them and ensure the balance between party autonomy and institutional management power is worth discussing.In addition to the introduction,this paper is mainly divided into four chapters:The first chapter mainly discusses the influence of the expansion of institutional management power on party autonomy,and points out the contradictions and problems between the two.The second chapter mainly expounds the background of the current expansion of the management power of international commercial arbitration institutions.The third chapter is based on the analysis of various manifestations of the expansion of management power adopted by major international commercial arbitration institutions.The fourth chapter discusses how to deal with the balance between the expansion of institutional management power and the autonomy of the parties with the development of international commercial arbitration.Through the study of the above contents,this paper hopes to jump out of the traditional thinking mode of party autonomy and look at the soul and essence of international commercial arbitration from a developmental perspective.Dynamically clarify the boundaries of the autonomy of the parties,appropriately expand the management power of arbitration institutions,and try to ease the conflict between the expansion of the management power of arbitration institutions and the autonomy of the parties through the improvement of system design,so as to realize the dual values of justice and efficiency under the premise of protecting the autonomy of the parties,so as to better demonstrate the superiority of international commercial arbitration and promote the better development of arbitration. |
