当事人身份是否适格等重大问题的忽略与后果

Oversight of Some Critical Issues such as the Capacity of a Party to a Case and the Consequences Thereof

因某协议的争议,一方两次提请仲裁。次案仲裁员发现,首案中被申请人系非适格的主体,从受理案件到结案历经18个月,仲裁员未意识到此问题的存在;当事人尤其是被申请人自己及其律师,始终没有觉察此问题;机构内接触案卷的有关专业人士,在审核裁决书时也忽略了这一重要问题。此外,被申请人也没有善用时效的问题作抗辩。在次案中,仲裁员意识到,点明这一必须应对的问题,可能动摇首案裁决的效力,虽然这并非次案仲裁员的本意,但也爱莫能助。另外,本文也简单涉及一事不再理的问题。

A party twice referring disputes arising from an agreement to arbitration.In the second proceedings,arbitrators of the tribunal were aware that there had been a wrongful party in the first arbitration.It was for a period of 18 months from the commencement of the proceedings to the award rendered,the tribunal overlooked the matter and the two attorneys of the respondent did not realize it either.In addition,professionals with the arbitration institution who were in charge of the caseacceptance and the scrutiny of draft award failed to find out the problem.Furthermore,the respondent did not take advantage of time-barred as a defense.In the second proceedings,the matters that the arbitrators found out and should be dealt with might shake the finality of the award of the first arbitration.But the arbitrators of second case did mean ill.The article also touches on the matter of res judicata.