虚假仲裁中案外人权益之侵权法救济(上)

Research on Tort Remedy of Arbitration Outsiders’ Rights and Interests in Fraud Arbitration(Ⅰ)

虚假仲裁中,我国民诉法执行救济制度与裁决司法审查制度未能担起保障案外人权益的任务,新司法解释规定的案外人申请不予执行仲裁裁决制度拓展了申请主体范围,但限于执行阶段。侵权救济可弥补此不足,案外人可依《侵权法》第6条提起侵权之诉,以保障当事人自身利益。

In our country,the remedy system of execution set up in civil procedure law and the judicial review system of arbitration award fail to guarantee the rights and interests of arbitration outsiders in fraud arbitration.The system of non-enforcement of arbitration award applied by outsiders widens the scope of proper proposer.However,it’s a pity that the system only focuses on the remedy in the phase of execution.Tort remedy is able to cover the shortage.According to article6 of the Tort Law,the outsiders may initiate the tort action to protect the interests of the parties.