Reform and Improvement of China's Arbitration System

Author: Tan Bing
Publisher:
Publish Date: 2005-10-01
Features: This book is a theoretical work on China's arbitration system edited by Tan Bing, a renowned expert in civil procedure law in China. The entire book places China's arbitration system within the broader context of internationalization and modernization of arbitration. It provides a comprehensive evaluation of the current arbitration system in China, deeply analyzes existing issues, and comprehensively reflects the latest research findings and development trends both domestically and internationally in recent years. It proposes numerous new perspectives and innovative approaches to reform and improve China's arbitration system. The outstanding features of this book are:
· For the first time, it introduces the concept of "arbitration environment" and proposes practical and feasible pathways to optimize China's arbitration environment.
· It challenges the traditional view that the effectiveness of arbitration agreements is limited to the parties involved, and argues from multiple perspectives that the effectiveness of arbitration agreements can be extended to individuals outside the parties. This provides a solid theoretical foundation and practical guidance for establishing important arbitration systems in China, such as the third-party arbitration system and the joint arbitration system.
· It pioneers the concept of "quasi-arbitration" and comprehensively discusses the establishment of a unified and standardized quasi-arbitration system in China.
· It redefines the scope and methods of judicial supervision over arbitration by courts, proposing that judicial review of domestic arbitration awards and foreign-related arbitration awards in China should adopt the principle of "equal treatment, unified track, and focusing solely on procedural aspects without delving into substantive issues." Additionally, it suggests a new judicial supervision system where the scope of court supervision is determined by the parties themselves.
· This book is highly valuable for researchers and practitioners in arbitration institutions, legal affairs personnel in government departments, civil judges in courts, and faculty and students in relevant fields at universities.