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The Current Development Situation, Dilemma and Breakthrough of Commercial Arbitration in China: Based on the Practice of Chongqing Arbitration

  • Journal of International Business Transactions Law
  • Abbr : IBT
  • 2018, (21), pp.1-17
  • DOI : 10.31839/ibt.2018.04.21.1
  • Publisher : The Institute for Legal Studies Dong-A University
  • Research Area : Social Science > Law > Private Law > International Commercial Transactions Law
  • Received : March 12, 2018
  • Accepted : April 26, 2018

Chen zhi 1 YE SHI QING 1

1中国西南政法大学

Accredited

ABSTRACT

Arbitration is the parallel of courts of justice in the dispute settlement of commercial disputes. The basic principles of commercial arbitration are voluntary, independent and fair & reasonable. Arbitration has made great achievements in boosting economic development, but there are also some institutional problems that are difficult to overcome. By analyzing the current development situation of Chongqing commercial arbitration, some problems can be found in China’s arbitration system, which mainly include administrative and judicial intervention, the low awareness of seeking for arbitration and the poor support of the courts of justice to the execution of arbitration legal documents and so on. In order to solve these problems, firstly, arbitration has to get rid of the administrative constraints and enhance its autonomy and independence; secondly, try to make the dispute parties voluntarily participate in the arbitration proceedings; thirdly, increase coordination to solve the enforcement of arbitration legal documents. Also, it is wise to conform to the trend of Internet development, for instance, solving commercial disputes by online arbitration system.

Citation status

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