Reflections on China's arbitration system and improve the source

September 1, 1995 shall come into force in China's first Law of arbitration <<PRC Arbitration Law "" (hereinafter referred to as the Arbitration Law of China, the unification of China and the arbitration system has played a very important role. But the Arbitration Law more than 8 years have exposed many problems, not fully achieve the original intention of the legislation. In pArticular, it established a socialist market Economic system of the target and after joining WTO is also incompatible with the new situation facing, but also with foreign Notice practices arbitration system, there are some gaps. Therefore, it is necessary to cool China's current arbitration system to reflect and make a realistic assessment of the Arbitration Law of China as soon as possible to make the necessary changes and improvement in order to make China's arbitration system with both international standards but also with Chinese characteristics, in resolving Civil and commercial disputes play a full role, to promote the rule of law, building a well to provide more effective services.

First, China's Arbitration Law of the major breakthroughs in the original system of arbitration before the promulgation of the Arbitration Law, even though China has many laws and regulations makes provision for arbitration, [1] However, due to legislative scattered, inconsistent with each other to form a depArtment of the arbitration the proliferation of fragmented mess. not only a wide range of arbitration, a wide range of highly non-uniform procedural system, most of the arbitration body attached to the executive, administrative arbitration with a strong color, fail to reflect the Civil nature of the arbitration, contract characteristics of the principles and spirit of pArty autonomy, and foreign-related arbitration and domestic arbitration, the nature of the different, the program varies. Arbitration Law of China promulgated and implemented across the country to establish a unified new arbitration system, which many aspects of the original arbitration system is a major breakthrough in China's arbitration system as an important milestone in the history of China's arbitration system improvement and development of far-reaching, mainly in the following areas:
(A long arbitration over the chaos, and establish a unified national system of arbitration. Of the existing arbitration system are depArtmental arbitration system, in the scope of the arbitration, institutional settings, the principles of system and many other aspects of the rules of procedure are not uniform. China The promulgation and implementation of the Arbitration Act, unified the country's arbitration system, the end of the original multiple arbitration chaos. First of all, in accordance with the provisions of the Arbitration Law, in addition to labor disputes and agricultural collective Economic organizations within the agricultural contract, the arbitration of disputes because of their special need to be provided, the other types of disputes, arbitration, arbitration law must comply with the principle of unity, systems and procedures. Second, the original arbitration shall be in accordance with the provisions of the Arbitration Law reorganized. Third, the establishment of the Arbitration Commission, shall be approved by provinces, autonomous regions and municipalities directly under the administration of justice depArtment of registration. Fourth, the arbitration law enacted before the implementation of the provisions on arbitration law and arbitration in conflict, arbitration law, shall prevail.

(B clearly defined the scope of the arbitration, the arbitration hearing the case has merit. Over the years, in the end which disputes can be resolved through arbitration, which can not dispute arbitration, has been the lack of clearly defined, not only that people understand this inconsistency, accepted practice and led to confusion in arbitration cases, the scope of the arbitration with a lot of randomness. Arbitration Law of China with reference to the practice of other countries, the scope of arbitration is defined as: equal status of citizens, legal persons and other organizations contractual disputes between property rights and other disputes, to arbitration, marriage, adoption, guardianship, child maintenance and inheritance according to law by the executive and administrative disputes can not be arbitration. arbitration law, arbitral institutions accept a case for our offer a clear legal basis.

(Three in the arbitration body set embodies the characteristics of private arbitration. Most of the original arbitration body set up within the executive and attached to the executive, because of its staffing, funding sources and subject to daily management, executive constraints, lack of independence. This arbitration is actually a system of administrative adjudication, does not have the characteristics of private arbitration. The new system changes the original arbitration practice, and strive to reflect the private nature of arbitration. Arbitration Act No. 10 paragraph 1 of Article: Arbitration Committee "is not set up according to administrative hierarchy", Article 8 provides: "Arbitration law independently and free from administrative organs, social organizations and private interference." Article 14 provides: "Arbitration Commission independent of the executive, without any subordinate relationship with the executive. Neither would there be any subordinate relationship. "and so on. These provisions changed the arbitration body attached to the original status of the executive authorities, reflects the characteristics of private arbitration.

(D established or CD, or review and a final cut the basic system, decoupling the arbitration and trial. In the past, the implementation of China's Economic contract arbitration is both the Disarmament Commission, the parties own choice, a two-trial system, the CD, though it developed Foreign Economic Contract Law, Technology Contract Law, Copyright Law has been implemented, or cut, or final trial, and a CD system, but in terms of the arbitration system has not fundamentally changed. Article 5 of the Arbitration Law of China stipulates: "If the parties reach an arbitration agreement , a direction of a people's court, the people's court shall not accept, unless the arbitration agreement is invalid. "Article 9 states:" the arbitration ruling shall be final and implementation of a system. ruling, the parties to the same dispute for arbitration or to the people again court, the arbitration committee or a people's court shall not accept. "established by these provisions in place or cut of arbitration or trial, and a final cut the basic system, with the internationally accepted practices for consistent, conducive to the timely settlement of disputes, and establish arbitration authority.

(E arbitration system established protocol, reflecting the principle of party autonomy. Arbitration system is different from the fundamental characteristics of litigation system is that it must be the dominant principle of party autonomy, ie, whether the use of arbitration to resolve disputes, and how the activities of the entire arbitration carried out to maximize respect the wishes of the parties. implement the arbitration system is to implement the agreement principle of party autonomy a basic requirement. Article 4 of the Arbitration Law provides that: "the parties to resolve disputes by arbitration shall be voluntary on both sides reach an arbitration agreement. no arbitration agreement, a party for arbitration, the arbitration commission shall not accept. "Correspondingly, the arbitration law also form and content of the arbitration agreement, the arbitration agreement is invalid and the confirmation of the arbitration agreement and other issues challenge the effectiveness of specific provisions , resulting in the establishment of a comprehensive agreement from the arbitration system, in order to implement the principle of party autonomy.

(Vi improved supervision of the Court of Arbitration specific manner. In accordance with the general practice of national arbitration legislation, arbitration have to accept the court's supervision, but supervision of the specific methods and content vary. Civil Procedure Law of China in the past provided only in the Court arbitration award can not be implemented mode of supervision, the court added arbitration law aside an arbitration award of the system, and a chapter on this with specific provisions, which also re-established as a court to revoke the arbitration system of relief before the arbitration mechanism so that the way to the Arbitration Court has been further improved.

Second, China's current arbitration system, the main defect September 1, 1995 shall come into force although the Arbitration Law in China to establish a unified system of arbitration in China and change the administrative nature of the arbitration system and promote its integration with foreign arbitration system has played a positive role, power can not be destroyed. but we should clearly see that, because of the "awareness and understanding of the level of arbitration is not high enough, the concept of executive-led government is not broken, not thinking of the liberation of not absorbing the international experience "," more out of institutional reasons, in order to balance the vested interests of various departments ", therefore, the Arbitration Law of China" does not achieve the original good intentions, in many ways still not fully meet the needs of the market economy, still with the International there is considerable distance from common practice "[2], mainly in the following areas:
(A problem of administrative intervention and arbitration has not been fundamentally resolved, damage to the arbitration of Civil resistance. Arbitration as a means of dispute resolution originated in the private sector, it is to adapt to the people in the production and living needs in the spontaneous settlement of disputes produced and developed, the nature of a "private relief" category, rather than "public protection" means. If the dispute to arbitration to settle disputes with the executive and judicial confused, without distinction, then the arbitration system has no independent existence necessary, even if there is not an independent arbitration system to give full play its special role of dispute resolution. Western countries the system of Civil arbitration, arbitration is invariably a "private relief" means the basis of the epistemology built up. China Arbitration is also trying to change the existing system of administrative arbitration, and establish the image of private arbitration. In addition to the foregoing, in section 8, article 10, paragraph 1, section 14, which made some of the relevant provisions, are still Article 12, paragraph 2: "The chairman, vice chairmen and members of the legal, Economic and trade experts and staff for practical work experience. Arbitration Committee members, the legal, economic and trade shall not be less than one-third bis. "and so on. But at the same time the Arbitration Law and Article 10, paragraph 2, states:" Arbitration Commission of the City by the preceding paragraph, the people's government departments and chambers of commerce for the formation. "This provision, as the government-led and the taking of the arbitration body and the subsequent formation of excessive arbitral institutions involved in the management and operation of intervention in the arbitration system, providing the opportunity and reason. It is understood that, in practice, only some parts of arbitration grading according to administrative mode of allocation, determination of the competent departments and funded by the government subsidies, office space, and the majority of the arbitration committee composed of officials of the government departments concerned, the Arbitration Commission generally led by the government or the legal department in charge of the principal leaders of part-time, the annual National Arbitration relevant agencies working meeting hosted by the State Council. There's where the relevant government departments issued a document by the government or the implementation of the arbitration system. Even worse, some places, the major concern in the community difficult or arbitration cases pending a decision by the arbitral tribunal, Arbitration Commission or the arbitral tribunal would also like to report to the leaders of government departments, to listen, and so on. All of these practices can only show that China's current arbitration system still has a strong administrative color, not real people arbitration. if not completely changed, the independence of the arbitration body will be an empty promise, the impartiality of the arbitration will be suspected by the community, the arbitration system will be difficult to fully play a role.

(B principle of party autonomy is not fully reflected, and many provisions have strong litigation color. The original meaning of autonomy means that each member of society to judge by their own reason, to manage their own affairs, independent choice, and autonomy participation, autonomous behavior, self-responsibility. in arbitration activities to implement the principle of party autonomy, or at least should include the following three aspects: First, the arbitration agreement should be regarded as the cornerstone of the arbitration, the arbitration agreement is valid arbitration cases handled basis, and second, the applicable arbitration rules of procedure and substantive norms in principle, should be agreed upon by both parties, third is to determine the main issues in the arbitration proceedings �� such as the composition of the arbitral tribunal, the arbitration hearing and the arbitration mode and closed mode the scope of protection, etc. should respect the wishes of the parties. can be said that party autonomy is the cornerstone of the entire arbitration system and the core, arbitration and litigation is the most fundamental difference. left the party autonomy, it will taste the arbitration, arbitration will become a replica of the proceedings. Western all very high regard for the national principle of party autonomy, and make legislative and arbitration proceedings in the arbitration process of the operation to be reflected fully. of the parties implement the arbitration law, although it also made some provisions voluntary principles, but because of conservative thinking, the parties importance of the principle of autonomy sufficient understanding of the principle of party autonomy from the still large gap between the requirements of the main features: First, the provisions of the narrow scope of the arbitration. major international conventions on arbitration and the arbitration legislation of some Western countries , generally the "contractual and non-contractual disputes" as the scope of the arbitration, the arbitration rules of limiting the scope of the arbitration between equal entities "contract disputes and other property rights disputes," a narrow range, This is clearly not conducive to the development of China's arbitration system. Second, the elements of the arbitration agreement, asking too much. the international elements of the arbitration agreement, there is generally only required to submit to arbitration the parties intention to, and our rules in section 16 Arbitration the provisions of paragraph 2, the arbitration agreement should have the "intention for arbitration," "arbitration" and "selected arbitration committee" of three elements. Third, the procedural requirements are too strict and rigid, lack of flexibility . arbitration is different from an important aspect of the proceedings, is that it is a simple, flexible, fast characteristics. major international conventions on arbitration and the arbitration legislation of some Western countries and the arbitration rules also allow the parties to choose arbitration agreement through the arbitration procedure , can even choose the applicable arbitration entity specification. The Arbitration Law of China on how to conduct the arbitration proceedings were strict and complicated regulations, does not give the parties the arbitral tribunal and the arbitration process rights and flexible. For example, in Article 45 of the Arbitration Law "Evidence should be presented at the hearing, the parties may cross-examination" requirement to be married, not only in arbitration activities means the exclusion of other cross-examination, but also to hear the case by writing an obstacle. This completely identical in the proceedings practices fail to reflect the flexibility characteristics of the arbitration. Of course, given China's arbitration law nor arbitration the parties choose arbitration rules and norms applicable to the rights of the entity. Fourth, the parties choose an arbitrator by the arbitrator, the system of mandatory roster limit. Although the main international conventions on arbitration and the arbitration legislation of some Western countries have introduced the system of arbitrators, but they practiced a list of arbitrators system is recommended, not mandatory, the parties either in the context of the list of arbitrators select an arbitrator, you can also register outside the scope of the arbitrator selected arbitrator. The practice of arbitration law is the roster of arbitrators to force the system to allow only the parties in the context of the list of arbitrators chosen arbitrator, the parties are not allowed beyond the list of arbitrators the scope of the alternative arbitrator. above all these, that the principle of party autonomy in arbitration law in our country has not been fully reflected. If we do not change will undoubtedly affect the role of arbitration system, contrary to the legislative mind.

(C judicial oversight of arbitration system design is unreasonable. Arbitration shall be subject to judicial supervision, which is the world of arbitration and judicial arbitration legislation dealing with the relationship between general practice, but the country is different, the degree of judicial supervision of arbitration and the specific ways are not identical. Arbitration Law of China while not enforce an arbitration award set aside an arbitration award and the dual system of judicial supervision. The purpose of the legislators to do so, mainly to "protect the legitimate rights and interests, to reduce errors in the arbitration." [3] However, the implementation of more than 8 years of arbitration law to the situation, the design of such a system had many problems, the legislation did not fully achieve the original intention. First Judicial Surveillance System of duplication, so that a long period of validity of arbitral awards state of uncertainty, and undermine the authority of the judiciary. refuse to enforce arbitration award aside an arbitration award system and also set up, one hand against malicious parties is not conducive to their award provides an opportunity to apply for a court when it aside an arbitration award was rejected, you can also seek judicial relief the second time, request the court to refuse to enforce arbitral awards. This is bound to make an arbitral award long-term effect of uncertainty in the state, not conducive to the pursuit of effective value of the objective of the arbitration. On the other hand , because the same court on the same or different courts to judicial review of arbitral awards twice, may come to two completely different conclusions after, which will undermine the credibility of the court. The second is to set aside an arbitration award process, does not require aside an arbitration award before the court shall hear the arbitration institution or the views of the arbitration organization is not conducive to proper exercise of the court ruling of revocation. Third is the lack of specific provisions re-arbitration system, the lack of maneuverability. 61 of the Arbitration Law of China stipulates: " People's Court accepted the application for revocation of an arbitral award that can be re-arbitration by the arbitration tribunal to inform the arbitral tribunal within a certain period to re-re-build, and rule to suspend the cancellation procedure. arbitration tribunal refuses to re-arbitrate, the people's court shall resume the cancellation procedure. "This provision was intended to organize an arbitration award to correct its own mistakes opportunity to safeguard the reputation of the arbitration. but because of the scope of the re-arbitration, the arbitration court decided to re-condition, re-arbitration period, re-organization of the arbitration arbitration and re-arbitration and arbitration awards made in the relationship between the original arbitration award did not make provision for some specific issues, all over the court which has led to the differences in understanding and operating in their own way. Fourth, the domestic arbitration and foreign arbitration judicial review of the implementation of double standard, not conducive to China to establish a unified system of arbitration and arbitration system in China with international standards. According to China's Arbitration Law, the International Arbitration Court decision to review only from the procedure, and the review of domestic arbitral awards, both procedures , including physical problems. This approach is obviously not conducive to the establishment of a unified system of arbitration in China, but also on the domestic and international arbitration and foreign arbitration practice do not conform to the development trend of the merger.

(D arbitration between organizations and arbitration institutions are not clearly demarcated and unscientific terms. According to China's Arbitration Law, arbitration is the Arbitration Committee. In addition, the development around the Arbitration Commission Arbitration Committee Charter provide that under the Arbitration Committee Secretariat of the Arbitration Commission as the daily office, responsible for the admissibility of arbitration cases, arbitration service of documents, collection and management costs of the arbitration and the arbitration file management and other procedural matters. arbitration organizations, it refers to the specific tribunal for arbitration cases or the sole arbitrator. How �� and a clear division of the arbitral tribunal or the sole arbitrator and the Arbitration Commission's authority to handle the relationship between the arbitration system is directly related to the normal and efficient operation. However, this area of arbitration law provisions are still some problems. First, the jurisdiction has recognized the right of the arbitration that the arbitration, "suicides jurisdiction" given to the exercise of the Arbitration Commission, and not attributable to the arbitral tribunal. China's Arbitration Law, paragraph 1, Article 20 provides: "The parties to the arbitration agreement object to the validity, and may request the arbitration commission make a decision or to a people's court ruling. "This provision clearly recognized the right of arbitration given under the jurisdiction of the Arbitration Commission, not the arbitral tribunal. This is the suicides of international arbitration will be governed to give the arbitral tribunal, rather than the prevailing practice of the Arbitration Commission has significant gaps. For example, the United Nations <<International Commercial Arbitration Model Law "> Article 16 of the arbitral tribunal may, on its own jurisdiction, including the existence of the arbitration agreement, or effect of any objection to a ruling. In addition, the United Kingdom, Sweden, France, Switzerland, Germany, Belgium, the Netherlands and other countries have also established by the arbitral tribunal "suicides jurisdiction" principle. the jurisdiction of the arbitral tribunal's suicides from the parties and the arbitration agreement Appointment of arbitrators, the Arbitration Commission did not receive any authorized party, they can confirm the jurisdiction of the issue, not logical. Second, the right of arbitration cases handled not by the independent exercise of the tribunal, but by the arbitral tribunal and the arbitration committee joint exercise. Article 52 of Arbitration Act and 54 respectively provide for arbitration mediation and arbitration award shall be signed by the arbitrators and sealed by the arbitration commission. This shows that the right of arbitration cases handled by the arbitration tribunal and the arbitration committee joint exercise. Third, the tribunal's decision on the arbitration procedure is not fully reflected. arbitration cases generally include the right to accept the right case to rights and adjudication of cases (or cases of mediation rights. Arbitration Committee should only accept cases where the exercise of the right, the arbitration proceedings and other matters, after the constitution of the arbitral tribunal shall be determined by the arbitral tribunal, not by the arbitration committee substitute. the only way to better reflect the principle of party autonomy, give full play to the role of the arbitral tribunal. However, the Arbitration Law in China puts accept the applicant's statement of defense, served on the applicant a copy of the reply by the applicant, the Court referred the parties to the property preservation and preservation of evidence on the application, determine whether the arbitrator should be avoided and other procedural matters to arbitration Committee is responsible for. In practice, the Arbitration Commission and its secretariat is procedural matters of arbitration arrangements taking on everything, even some important procedural matters should be reported to the Arbitration Commission approval to proceed. The design of the system deviation, it should be the guiding principle of legislation go look for the causes. reposted elsewhere in the Research Papers Download http://www.hi138.com (five provisions are too simple, legislative technique is not precise enough, there are some systemic gaps and loopholes. a respect, many countries in the widespread use of arbitration law in a number of important procedural system, such as ad hoc arbitration, summary and judicial oversight of the relief mechanism, our arbitration law are not required to make our system of arbitration proceedings is not complete and immature. On the other hand, only 80 Arbitration Act also provides for a number of provisions in the regulations should not be content, so that our system of arbitration proceedings with a clear color. coupled with the technical legislation is not stringent enough, resulting in an arbitration law of China these provisions is unreasonable, and there are some loopholes.

The existence of these problems has been criticized for some comrades: Arbitration Law of China "to some extent deviate from the contractual nature of arbitration, with arbitration of the 'form', and lack of arbitration 'God', lack of market economy 'God 'is an' inherent 'in the law. "Meanwhile, China's entry into force of the Arbitration Law," in the implementation process, due to excessive executive interference and intervention, in practice <<Arbitration Law "> more deviated from the legislative in mind. <<Arbitration Law "> or a 'day after tomorrow dysplasia' of the law." [4]
Third, improve the thinking of Arbitration Arbitration Law in China more than 8 years exposed to the various problems that have been modified and improved as necessary, the legal experts and arbitration practice departments are already louder and louder, and has been proposed amendments put forward draft arbitration law. [5] but in the end of arbitration law should be amended to specifically what and how to modify the content, views are not entirely uniform. I believe that change our arbitration law must adhere to the correct guiding ideology, that is: to advanced the concept of arbitration as a guide, into the market-oriented, looking for the arbitration of internationalization and localization of binding sites, and completely abandon the administration of arbitration and litigation of color, fully implement the principle of party autonomy, the restoration of civil arbitration true colors, adhere to requirements of the arbitration agreement, tolerance and justice supervision, dilute domestic arbitration and foreign arbitration of differences, enhance the flexibility of the arbitration proceedings, convenience, compatibility and affinity, and promote professional arbitrators and experts of the team, giving the arbitral tribunal independent the right decision and the decision of the arbitration process, the implementation of institutional arbitration and ad hoc arbitration coexist. under the guidance of the above ideas, it should be from the following aspects of the Arbitration Law of China, revise and improve:
(A completely exclude the intervention of the executive to the arbitration and restore the true colors of private arbitration, the arbitration institutions protect the independence and impartiality of the arbitration. In this regard, one can not be established by the Arbitration Commission and the government led by the Government to continue the arbitration funding agencies, funding material, nor by the government's centralized management of a department to guide the arbitrator issued a document by the Government to implement the work of the arbitration system and the implementation of arbitration, the industry should be managed so that access to markets, self-survival, self- development. Second, not by government or government departments in charge of leadership serve as the Arbitration Commission of the director or deputy director, but should give full play to the role of experts. Third, should the arbitrator and expert professional make more explicit the conditions of the requirements can not lower standards.

(B expand the scope of arbitration, to relax the requirements of the elements of the arbitration agreement. On the scope of the arbitration, the arbitration law of the principal of equality between the "contract disputes and other property rights disputes" as the narrow scope of the arbitration provision, and easy to produce ambiguous , should refer to international conventions on arbitration and the practice of other countries, will have full right to dispose of the parties define the scope of the arbitration as the basic standard, provides that "the parties have the right to any property of the dispute settlement" to arbitration. [6] of the arbitration agreement the elements of the arbitration law requires must also have "the meaning of the request for arbitration, said," "arbitration" and "the Arbitration Commission selected the" three aspects, and when the "matter of the arbitration agreement or the arbitration commission of arbitration is not prescribed or clear ", and if the parties" fail to reach a supplementary agreement, the arbitration agreement is invalid, "the provisions are too harsh, but should be in accordance with common practice in the country only on a" request for arbitration, meaning that "as the necessary elements, and other matters without a mandatory requirement for fully reflects the spirit of the principle of party autonomy, support the development of arbitration.

(C perfect Arbitration Rules, which embody the characteristics of the contractual arbitration and dispute resolution is simple, flexible, quick advantage. In this regard, it is necessary to cancel such "evidence should be presented at the hearing, the parties may cross-examination" of the rigid requirements It should take a flexible way of cross-examination, the second is the present practice of arbitrators to force the system to the recommended list roster system that allows outside parties to appoint an arbitrator arbitrator roster, third parties should be given more choice program , including the selection and choice of arbitration by the arbitration rules applicable substantive norms right to choose the general program or a summary for the right to choose trial hearing or in writing the right, and select the court's time, place and time agreed upon through consultation on matters such as handling the right to modify the Arbitration Act IV of some unreasonable regulations are divorced from reality. For example, Article 57 on the "award shall be legally effective date", article 9, paragraph 2, of "people's court ruling was rule to cancel or not to execute, the parties may by mutual respect of the dispute arbitration agreement to re-apply for arbitration with the people's court "and other regulations, with appropriate modifications are necessary.

(D arbitral institutions and arbitration organizations, specifically the division of power, giving the arbitral tribunal and the independence of the adjudication decision of the arbitration proceedings. One is to change the arbitration award and arbitration mediation sealed by the arbitration commission, the arbitration tribunal and the arbitration committee jointly exercise the right of adjudication and mediation practice, decisions and mediation can only be signed by arbitrators. Second, the Commission shall be exercised by the arbitration, "suicides jurisdiction" to the exercise by the arbitral tribunal. Third, should be clear that the arbitral tribunal formed, the right to decide all matters related to arbitration proceedings, including court time and place, use of language, the parties to submit evidence of the period, and so, strictly limit the arbitration procedures of the Committee decision.

(E reconstruction of the arbitration system of judicial supervision. According to other countries, judicial supervision of arbitration in general to the development of tolerance trends and from supporting the development of our arbitration idea, it is necessary to change the current practice of double judicial supervision, no cancellation system of enforcement of arbitral awards, the contents of its reasonable to set aside an arbitration award absorbed into the system. The second is to improve the system aside an arbitration award, the statutory subject matter aside an arbitration award in violation of the arbitration proceedings strictly limited and "contrary to public interest" within the scope, reflecting the limited nature of judicial supervision and in the form of, and clearly provides that the Court set aside an arbitration award is made must be heard before the views of the original tribunal. Third, the re-arbitration of the conditions, scope, duration, and re-organization of the arbitration arbitral awards made in the original ruling made clear that relations and other issues in order to overcome the randomness, and enhance maneuverability.

(Six additional number of important procedural system. One additional summary in order to meet the objectives of the arbitration request the value of the pursuit of efficiency, reflecting the arbitration procedure is simple, flexible, fast characteristics. But should the application of summary procedure, adjudicated by arbitration specific procedures, organization and content, to have the operational requirement for the party choice. Second, additional temporary arbitration system. At present, most national arbitration legislation and international conventions relating to arbitration, are to be recognized and the interim to provide for arbitration. ad hoc arbitration can be more fully reflected the spirit of the principle of party autonomy and flexibility features of arbitration, the arbitration to save costs and improve the efficiency of arbitration. Therefore, the arbitration law of additional temporary arbitration system is necessary. But involved in ad hoc arbitration method for the arbitrator, the arbitration panel, arbitration and the arbitration rules of procedure applicable to such content should be made clear that for the specific operation. Third, an additional mechanism for judicial oversight of relief mistakes. For the purpose of judicial oversight of arbitration is to prevent arbitration, mistakes, to ensure the fairness of the arbitration, but who can guarantee that the judicial supervision of arbitration will not produce errors. If the judicial supervision of arbitration errors arising from lack of relief, it will also affect the impartiality of the arbitration, and damage the authority of justice itself. Therefore, the establishment of an arbitration mechanism for judicial oversight failures relief is absolutely necessary, which also practices with the internationally accepted line. arbitration judicial supervision of the relief mechanism design errors can be considered by the parties to appeal or apply for Retrial way to get relief, you can also provides two remedies.

(Vii further improve the arbitrator's impartiality safeguards. [7] the fairness of arbitration is the vitality of the arbitration system, and the fairness of the arbitration in addition to relying on the independence of arbitration, the arbitration procedure and arbitration rules of the scientific oversight mechanisms to guarantee the effectiveness, the quality of the arbitrators and the excellent team of arbitrator behavior norms also play a vital role. the quality of the arbitrators, including the moral and operational capacity of the two requirements. moral requirements, the main reflected in fair and honest, not Xunsi situation, to maintain independence and neutrality, equal treatment of parties can only be based on decisions of conscience and spirit of the law, subject to any other factors. operational capacity requirements, mainly for the learned , experienced, good business, handling ability. In order to ensure the impartiality of the arbitration, the arbitration of many countries to develop legislation and the arbitration rules of arbitration institutions have established a set of the impartiality of the arbitrator security mechanism, including the representation of the arbitrator eligibility requirements, the constraints on the behavior of arbitrators, arbitrators and arbitrator training system accountability and so on. our arbitration legislation and some of the Arbitration Rules of the Arbitration Commission established the principle of this provision is more, and not fully in the revised arbitration law and development of new arbitration rules, should be strengthened and improved. First, the implementation of strict regulations and qualifications as an arbitrator, the second is to strictly enforce the rules and arbitrator disclosure and disqualification provisions, third is to strengthen the arbitrator behavioral constraints, the four is to improve the responsibility system of arbitrators, including discipline and responsibility and civil liability and criminal law, the five is to cancel the system of internal arbitrator, an arbitrator if the cancellation system of internal difficulties, we should also strengthen the internal arbitration Members of the management and supervision of the arbitral institutions in the handling of its strict limits.




Notes:
[1] According to incomplete statistics, as of the end of June 1994, China's total of 14 laws, 82 administrative regulations and 190 local laws and regulations makes provision for arbitration.

[2] Zhao Jian: <<Review and Outlook: Turn of the Century International Commercial Arbitration> ", in the <<Arbitration and Legal>" 2001, No. 1.

[3] Gu Angran: <"On the <of the PRC Arbitration Law (Draft Note>>", in the <<of the PRC Arbitration Law book>> 152.

[4] Zhao Jian: <<Review and Outlook: Turn of the Century International Commercial Arbitration> ", in the <<Arbitration and Legal>> the first phase in 2000.

[5] Song Lianbin, Huang Jin: <<PRC Arbitration Law "" (revised proposals are contained in <<Law Review> "-2003 4.

[6] Song Lianbin, Huang Jin: <<PRC Arbitration Law "" (revised proposals are contained in <<Law Review> "-2003 4.

[7] Hou Denghua: <<On the fairness of layoffs and promote security> ", in the <<Arbitration and Legal>" -2002 No. 3. Links http://www.hi138.com Research Papers Download