Comparison of Commercial Arbitration

Author: Qiao Xin
Publisher:
Publish Date: 2004-11-01
Features: This book is a monograph on comparative commercial arbitration, divided into seven chapters. It has the following characteristics: , This book explores the commercial arbitration system from a comparative perspective. It not only extensively collects the commercial arbitration legislation of major countries worldwide and the arbitration rules of commercial arbitration institutions, as well as the new theoretical research findings and practical development trends, but also, on this basis, analyzes and discusses China's commercial arbitration legislation, theory, and practice, proposing specific content that should be absorbed, referenced, and improved in China's commercial arbitration system. Second, the book breaks through in its structure. This structural innovation is reflected on one hand in the positioning of the subjects of commercial arbitration. That is, the book shifts from the previous approach of discussing commercial arbitration institutions, arbitration tribunals, arbitrators, and parties to commercial arbitration separately and individually, to comprehensively exploring arbitration institutions, arbitration tribunals, arbitrators, and parties from the perspective of the subjects of commercial arbitration, making the subjects of commercial arbitration more prominent, their relationships clearer, and more conducive to vertical comparison and analysis. On the other hand, it comprehensively discusses the judicial support and supervision of commercial arbitration, changing the previous focus on supervision while lightly addressing judicial support, making the relationship between the judiciary and arbitration more three-dimensional, especially the judicial intervention in arbitration. At the same time, within the structure of each chapter, while discussing relevant theories, it conducts vertical analyses of the commercial arbitration legislation, theory, and practice of various countries, and in each chapter, dedicates a separate section to comparative research. Third, the book provides a comprehensive yet focused discussion on commercial arbitration. The main content of the book includes an introduction to commercial arbitration, the subjects of commercial arbitration, commercial arbitration agreements, commercial arbitration jurisdiction, commercial arbitration procedures, the support and supervision of commercial arbitration, and the recognition and enforcement of commercial arbitration awards. Fourth, the book conducts forward-looking discussions on cutting-edge issues in commercial arbitration. For example, in the discussion of the formal requirements of arbitration agreements, it proposes that although some countries have recognized or conditionally recognized the oral form of arbitration agreements, the written form should still be emphasized, albeit with a broader interpretation. In the discussion of institutional arbitration and ad hoc arbitration, after analyzing their respective strengths and weaknesses, it advocates for the recognition and establishment of ad hoc arbitration in China, especially after China's entry into the WTO, which would facilitate the internationalization and trend of China's commercial arbitration. In the discussion of the jurisdiction of arbitration institutions, it proposes that arbitration should be specialized, refining the scope of arbitration jurisdiction to different fields and formulating arbitration rules differentiated by professional standards, such as securities arbitration, real estate dispute arbitration, domain dispute arbitration, etc. It should be noted that as a comparative study of the commercial arbitration system, it inevitably involves the commercial arbitration legislation and practice of different countries. Unfortunately, due to the limitations of the materials and space at our disposal, as well as our limited capabilities, we cannot incorporate the commercial arbitration situations of all countries into the comparative scope. Instead, we have selected the commercial arbitration legislation, arbitration rules, and practice of countries and regions that have had a significant impact on the history of commercial arbitration development and contemporary commercial arbitration practice, including the United Nations, the United Kingdom, the United States, Sweden, Germany, Japan, and China. However, when discussing specific issues, we have selected the commercial arbitration legislation and arbitration rules of other countries or regions based on the actual situation. The book was conceived and completed over a period of one and a half years, with repeated discussions and consultations on its structure, content, viewpoints, and techniques after extensively collecting materials. After the completion of the first draft, it underwent multiple revisions and supplements, with some sections even being rewritten several times. Now presented to the readers, although it may not yet be a perfect work, it is a research outcome that. The internationalization of the commercial arbitration system is a trend, and China's commercial arbitration system should move from domestic to international! The trend of the commercial arbitration system is a sign, and China's commercial arbitration system should follow the historical trend and the internationalization trend! The modernization of the commercial arbitration system is a goal, and China's commercial arbitration system should use the trend of internationalization and the direction of trend to move towards modernization! Qiao Xin, November 2004