生效仲裁案外第三人利益救济析论

Analysis of the benefits of the third party outside the effective arbitration case

民事案件通过仲裁生效后,案外第三人利益如何得到保障,审判实践中争议较大。根据法律规定,仲裁文书的既判力不仅约束仲裁当事人,而且对于法院来说,也不得就仲裁已经处理的争议标的再作出处理。仲裁程序中不存在第三人制度,仲裁后案外第三人更无权申请撤销或不予执行仲裁。仲裁案外第三人认为其利益受到侵害时,直接就生效仲裁进行救济,并没有法律依据,其应当根据基础法律关系,主张违约之诉或损害赔偿之诉。

After the civil case comes into effect through arbitration, how to protect the interests of the third party outside the case is a controversial issue in trial practice. According to the law, the res judicata of the arbitration document not only binds the parties to the arbitration, but also forbids the court to deal with the subject matter of the dispute that has been settled by the arbitration. There is no third party system in arbitration procedure, and after arbitration, the third party outside the case has no right to apply for cancellation or not to enforce arbitration. When a third party outside the arbitration case considers that its interests have been infringed, it directly relieves the effective arbitration without legal basis. It should claim the action of breach of contract or compensation for damages according to the basic legal relationship established by the parties concerned.