仲裁第三人问题研究

A Study of the Third Party in Arbitration

基于仲裁协议扩张理论的不断完善以及迅捷解决纠纷、缓解司法压力的需求和支持仲裁政策的考虑,许多国家都在立法和判例中直接或间接承认了仲裁第三人的合法地位。我国也应该积极顺应这一发展趋势,构建适合我国国情的仲裁第三人制度。

Based on theories of the extension of the validity of arbitration agreements and the international trend to support arbitration, more and more countries put up their own regulation of the third party in arbitration. It＇ s unwise that the third party in arbitration has not yet been acknowledged in China＇ s Arbitration Law, which would inhibit the energy of arbitration. This thesis focuses on the accuracy definition on the third party in arbitration, and then gives some proposals for future development of the third party in arbitration of China.