International Commercial Arbitration Research (General Part)

Author: Shi Yubin
Publisher:
Publish Date: 2004-02-01
Features: "Research on Arbitration" (General Part) is a theoretical monograph created with the purpose of addressing the gaps in the current research field of international commercial arbitration theory in China. The book takes theoretical debate and critique as its starting point, conducting comprehensive, in-depth, and original research on numerous fundamental issues of international commercial arbitration. It explores fifteen aspects in a thematic manner, including the historical development of arbitration, the characteristics of arbitration mechanisms, the cornerstone of arbitration systems, friendly arbitration, commercial custom law, the philosophical study of the nature of international commercial arbitration, the debate and determination of the value orientation of international commercial arbitration, the value orientation of international commercial arbitration and the principle of autonomy, the essence of the relationship between arbitration and courts, the ideal state of the relationship between modern international commercial arbitration and courts, and the third-party system of international commercial arbitration. On the basis of fully drawing on, questioning, and critiquing existing domestic viewpoints, the book creatively proposes its independent claims. (1) In the thematic study "Philosophical Study of the Nature of International Commercial Arbitration," it proposes the "Dual Perspective Theory" on the nature of arbitration. (2) In the thematic study "Value Orientation of International Commercial Arbitration and the Principle of Autonomy," it proposes the view that the principle of autonomy is not the value orientation of arbitration systems and calls for a reunderstanding of the principle of autonomy in arbitration systems. (3) In the thematic study "The Essence of the Relationship Between Arbitration and Courts," it proposes that the relationship between individual will and state will is the essence of the relationship between arbitration and courts. (4) In the "Third-Party System of International Commercial Arbitration," it establishes a solid, comprehensive, and reasonable theoretical foundation for arbitration third parties, as well as a practical operational process that is actionable. The claims of this monograph in the above four aspects are truly original, pioneering, and exploratory research achievements.