Legal Analysis _5456 arbitration system -

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Legal Analysis of the arbitration system

Paper (paper title) Keywords: arbitration; autonomy; value balance Abstract: Arbitration is a social conflict resolution mechanism exists is not a human decision, but the social needs and dispute resolution arbitration system of the internal structure of the reasonableness of force contributed to the arbitration system, there is the will of the people for the transfer. Is a social and historical development of the inevitable. Arbitration is a social conflict resolution mechanism to resolve disputes outside the judicial one of the most institutionalized form. Arbitration is generally believed that business people from the invention. Conflict or dispute arising from the human society has existed since, disputes and conflicts with human hand in hand, it reflects the person's individuality and the inherent contradictions of human society. No matter how people avoid contradictions, conflicts still exist; whether Sociology Home, Law how to set up a home line of defense are to prevent disputes, disputes still occur. Human society is a living constant strife social, human history is a history of controversy and dispute resolution. In different stages of development of human history, as different people's ideas, the community requires a different solution to the conflict, and thus a means of resolving social conflicts are not the same. Since the beginning of human society, quite a long time, people practiced the self-help, that is, when people are violated by others, often through their own military force to stop the infringement or other self-surrender. But this most primitive and most simple method of dispute resolution can not adapt and meet the needs of social development, especially in such a way to start self-help against the mainstream of society more moral, rulers have passed laws prohibiting self-help, while gradually public remedy established model of dispute resolution, litigation has become a symbol of this public relief. However, in denying the original self-help of today, the two sides in the conflict, unable to eliminate the case of conflict, especially a lawsuit brought in people who have suffered the procedure cumbersome and time-consuming and costly effort, the referee who did not understand some of the professional knowledge of the suffering caused by unjust ruling, the just, expeditious and economical dispute resolution has become an urgent demand. With the social and economic development, the establishment of a market economy, equality of social subjects has been established, free will to be recognized, the identity of the original relationship between people is gradually transformed into a rational contractual relationship. To adapt the dispute resolution - arbitration, more and more recognized and accepted by the people, and the resulting arbitration system will be developed. And relatively self-help litigation and arbitration to resolve the conflicts and disputes, not by the parties of any party to preside over the settlement of disputes and ultimately make a determination, there is an impartial third party to be hosted program, and according to non-acceptable to both parties award criteria, the final award to be settled over the parties subject to this dispute, which dispute resolution is a rational wisdom of the people of the inevitable choice. Such by the disputing parties and the independent and impartial third party to form the An arbitration system, the cornerstone - Autonomy Autonomy is the starting point and basis for the arbitration, the arbitration system, Operation of the important principles. Can be said that there is no autonomy there is no arbitration system, it is impossible to exercise the right to arbitration dispute resolution methods. (A) Definition of Autonomy Autonomy of the principle of contractual autonomy or freedom of contract. It is the 16th-century French jurist Du Molan (CharlesDumoulin, 1500 ~ 1566) explicitly proposed. Fundamentally, autonomy is a philosophy of law theory, the main thrust of this policy decision is the will of the parties, that party is entitled to make a free choice according to their own will and can and should be made according to their own will Select responsible to self-determination is binding on the parties of their contractual relationship criteria, that person's will can by its own rules to create their own rights and obligations. The will of the parties is not only a source of rights and obligations, and is the basis of its occurrence. Theory of autonomy based on changes). The law is the essence of this principle: they are their own legislators, they are their own law enforcement. That is, as a manifestation of autonomy and the realization of the basic contract, the contracting parties, it is the law himself. In addition, autonomy and civil society also exists between the very close contact. The basic structure of civil society is the contractual relationship between a combination for the network of social systems, and the ties linking contracting parties is the meaning of autonomy, the concept of autonomy constitute the driving force behind the development of civil society, and to civil society has injected fresh vitality. The concept of civil society stressed the importance of individual interests and give full attention to maximize the individual's initiative and enthusiasm to achieve the maximization of social benefits and social equity and justice. Therefore, almost all the countries stressed that the legal sanctity of private property and individual freedom of contract, the importance of party autonomy and efficiency of fairness, to avoid violation of the rights of individual countries. Established the concept of autonomy in personal relations as to completely negate the relationship between the feudal shackles of the individual, emphasizing personal independence, rejection of personal attachment to promote equality of personality, makes the first time to get real sexual liberation, which greatly promoted the progress of human civilization . Thus, the sacred rights of the public into law the most basic conditions of the subject, identity, social equality is that the public can really establish the sacred private right in the path, and the concept of autonomy as the interaction of these two objects, they will become members of the public the highest social concept. Autonomy principle to follow the economic development needs arising, with the main civil and commercial exchanges become more frequent, social conflict has become more intense, people in the concept of autonomy under the influence, will maintain the rights of private parties is designed to free legal The primary objective of searching is more conducive to achieve its objectives of early default remedies. Therefore, the main civil and commercial matters in order to re-determine their rights and obligations, and select the best method of dispute resolution. Litigation system is naturally an essential dispute resolution system, but all the disadvantages of litigation are obvious, reason, various non-litigation solutions emerged; in all kinds of confrontation and conflict, due to the nature of , form and intensity of different means of resolving conflicts and disputes, means it will also present a variety of state, the interests of various social forces in social exchange, conflict and integration in the game, a single to litigation to resolve disputes have appeared to be inadequate, especially in the areas of economic exchanges, commercial arbitration proceedings outside the dispute settlement mechanism for the breakthrough, a judicial dispute resolution important and useful supplement. (B) the embodiment of the arbitration autonomy throughout the process of arbitration, that is a principle of party autonomy to follow the process, specifically, including the following aspects: First, arbitration can be resolved the parties dispute between the way the two sides must be derived from the voluntary, it was consensual choice. As an independent third party arbitration tribunal have power to hear disputed, not directly from the state coercive power, but from a voluntary agreement authorized by the parties, the general performance of this License to the parties in dispute or controversy before the signed after the willingness to submit the dispute to arbitration in the arbitration agreement (A.greementofArbitration), and if no such arbitration agreement, the parties can not dispute to arbitration, the arbitral tribunal will have no right to entertain such disputes. Thus, the arbitration of the dispute settlement mechanism is based on the premise of the parties and the basis of voluntary, the voluntary agreement if no parties, no arbitration generation. Second, the principle of party autonomy arbitration in addition to performance on the choice of voluntary arbitration, it also embodied in the arbitration proceedings the parties enjoyed broad autonomy. Under the agreement the parties, the arbitral tribunal shall be determined by arbitration matters, you can choose arbitration, the arbitration panel, the place of arbitration, the language used in the arbitration, the arbitration process in the substantive law applicable to disputes, even in some cases, the parties choose arbitration is based on rules of procedure. Arbitration as a dispute resolution mechanism to address social, generally regarded as the parties themselves invention, the arbitration procedure under normal circumstances all the content can be freely chosen by the parties and decisions, arbitration reflects a significant degree of autonomy, this autonomy of that party in the arbitration proceedings have broad autonomy in the performance of meaning. Autonomy for the parties to fulfill the final arbitration award provides a theoretical basis to help smooth the implementation of arbitral awards. The award by the arbitrator in the arbitration agreement under the authority of the arbitration to adjudicate disputes between the parties after the formation of a solid agreement for the lease. Autonomy of the meaning of the arbitration, mainly reflected in three aspects: First, the formation of beneficial rights and obligations of the parties expected, the parties can choose the law applicable to foresee the consequences of legal acts to maintain the stability of the legal relationship sex; Second, it helps to solve contract dispute quickly, saving transaction costs; third is to rid itself of the identity between the parties can influence people to achieve real equality and freedom. In short, the arbitration system is rooted in autonomy, because it itself is a contract system, the premise of the arbitration system created, arbitration system are all of reasonable attributed based on the principle of autonomy. (C) the principle of arbitration relative autonomy of the arbitration dispute resolution process, autonomy is not only the subject of the legal status of the parties to establish the principle that the parties the basis on which the arbitral tribunal by the arbitration agreement the parties made the basis and the exercise of the right to arbitration. It confirmed the party autonomy dispute resolution, arbitration procedures set their own, self-selected arbitrator, or even self-identify the applicable law and recognition and the freedom to carry out the award, and not only from the legal recognition of the validity of his actions, while also recognized the legitimacy of the tribunal to exercise power, and arbitration will of the parties bound by the limitations. However, modern arbitration system in principle is not absolute autonomy, on the contrary, made from Du Molan from the time the principle of autonomy, including Du Molan, including their own jurists believe that the vast majority of determined by the principle of freedom is limited, is relative, and as state intervention in economic life, strengthening the development of such restrictions has been the very systematic and institutionalized. Autonomy of Arbitration subjectivity despite the nature of the parties, the arbitration system of the soul, but this autonomy, freedom is not absolute. Hegel pointed out, . As the will of the parties, it must not compete with the national mandatory law, must not go beyond the prohibition of the arbitration law norms, on the contrary, it is subject to the mandatory restrictions prohibit norms and constraints. Reflect the principle of the absolute autonomy of dispute resolution is mediation or negotiation, the more strictly limit the principle of party autonomy is a controversial treatment of court proceedings, and mediation or negotiation between arbitration and court proceedings reflect the relative autonomy between the principles of dispute resolution. Autonomy of Arbitration is the relative nature of arbitration as an effective mechanism to resolve the parties dispute the premise is the basis of the arbitration system can be established, is arbitration different from other non-litigation dispute settlement (ADR), to become outside of the court proceedings The most important source of dispute resolution. The relative autonomy of the arbitration, mandatory arbitration is the embodiment of the arbitration system is rooted in the nature of the arbitration with the performance of judicial power. The relative autonomy of arbitration is mainly reflected in two aspects: first, the beginning of the proceedings and conduct. This stage the relative principle of party autonomy, ie, limited autonomy, rooted in the party autonomy itself. This is because, although the beginning of the arbitration proceedings the parties in the dispute occurred before or after the dispute arbitration agreement voluntarily entered into the premise and condition, but once the parties to a written agreement to resolve the dispute by arbitration, they began to be bound by the arbitration agreement , then the parties can only resolve by arbitration disputes, and generally can not then the court proceedings; and in arbitration, the parties must follow the content of the arbitration agreement to arbitrate, unless the parties agreed to change (which in essence on the formation of a new arbitration agreement), or the arbitration process in full accordance with the provisions of the arbitration agreement; if a party refused to participate in the arbitration proceedings,[link widoczny dla zalogowanych], the arbitral tribunal to proceed with the hearing, and then make an award by default. Second, the implementation of the arbitration level. Made by the arbitral tribunal arbitral awards enforceable according to law, and when one party does not carry out the award, the other party may request the court to assist in enforcement, then do not take into account the other party is not willing to consider. Relative autonomy of arbitration at the implementation level of performance, rooted in the will of the country, which reflects the will of the state by the court to assist the implementation of arbitral awards, it is also a state law recognized the legality of the arbitration system. In this level, the arbitration system itself is a significant demonstration of the judicial power of the included, showing the law recognized as the social nature of dispute resolution. Arbitration only party autonomy is not enough, the state law autonomy is necessary to supplement and appropriate restrictions. The key here is that the state laws in respect party autonomy and limit the balance between the abuse of this right. Second, the nature of the arbitration the nature of arbitration, the arbitration is fundamental, it is the essential attribute of the arbitration system is the source of basic features of the arbitration system is to determine the specific provisions and the practice of arbitration operation of the basis on which we understand and study the fundamental starting point of the arbitration system. Overview of the history of the evolution of the arbitration system, many scholars at home and abroad to their unique rational perspective, with an overall grasp of the arbitration system and the system of arbitration, a reasonable forecast future trends, generally put forward, including contract theory, theory of judicial power , Hybrid Theory and the Autonomy and four different theoretical propositions. Comprehensive analysis of these distinctive theories, helps us to fully grasp and understanding of the arbitration system in order to reach and close to the truth of the nature of cognitive arbitration. (A) contracts for arbitration of contract arbitration on theory that arbitration is a contract, with contract attributes and characteristics. That arbitration is based on the agreement between the parties set, the arbitration procedures are in accordance with the agreement the parties identified in the agreement, the arbitration is entered into between the parties to perform on the result of an agreement to settle disputes. This theory is stressed that the contractual arbitration, is that the powers of the arbitrator does not come from the law, but from the agreement between the parties, which the arbitration is a contractual right to power. Contractual arbitration is based on the mandate of the arbitration from both parties, that there is an agreement between the parties that contract, the parties according to their aspirations and access to the arbitration agreement the right of the arbitral tribunal to make a ruling, to resolve disputes ; the same time, between the parties in the arbitral tribunal and there is also a contract, the contract is a principal-agent contract. French scholar Nibu Ye that said: wishes to determine the dispute. the parties to the arbitrator to make a decision as umpire is a real commission. Thus, the ruling was injected into the contractual ... ..., like all agreements, decisions must have the legal effect, but also Final decision of the authority. The traditional theory of contract is the parties who insist that the arbitration agreement in the results, and accordingly the arbitration against the state's intervention. In their view, the agent of the parties the arbitrator, the arbitrator during the arbitration the parties play the role of the agent, while the ruling is the result of agreement between the parties, which are binding on the principal. Modern contract theorists have abandoned the arbitration activities should have full freedom. Therefore, the parties have the right to choice of law to decide the arbitration process and should not be bound by domestic law. We believe that the contractual claims of scholars pointed out to some extent, the characteristics of the system arbitration CD, clear the contract in a major role in the arbitration system, described in the arbitration system theory principle of party autonomy source system of modern arbitration system will help to further complete. Modern Theory and Practice of Arbitration in respect for the principle of party autonomy is consistent on this point, because the arbitration the parties give full play to the free will of the arbitration system is different from the most important feature of court proceedings, it is the conduct of the arbitration mechanism ; the other hand, the principle of party autonomy has greatly improved the efficiency of the arbitration system, and enhance the flexibility of the arbitration system, and then demonstrate the value orientation of the arbitration system. However, we can not agree to contract arbitration system of the nature of scholars as contractual claims. Because the contract theory scholars, modern arbitration system, in essence, reflects the completely voluntary nature of the parties, arbitration is a purely private system, not the manifestation of acts of state; arbitrator in the arbitration agreement is in accordance with the parties identified in the will to act, the freedom of parties to the arbitration the arbitrator will be the only source of power. Visible, Contract scholars contractual arbitration system as the essential characteristics of, and that the arbitration system has nothing to do with state power, that is not involved with the national judicial power. Must be pointed out, in full recognition of contractual arbitration system in a major role, not to exaggerate, so blinders. Not difficult to find in the law occur, the arbitration as a dispute resolution can legally exist in society, we must rely on legal confirmation: select the parties to the dispute agree to arbitration as a way to resolve their disputes, must be based on state law permitting, If the state law does not allow a dispute to be settled by arbitration, then the parties to choose arbitration to resolve disputes is invalid; arbitration the parties to arbitration, the arbitrator, tribunal, place and time of the arbitration, the arbitration of the applicable substantive law and procedure the choice of law, national law to give the person must be the premise of such powers; for recognition and enforcement of arbitral awards, the general must comply with the implementation of land laws and relevant international conventions. Therefore, the contractual arbitration system is not absolute and unlimited, it is after all a country's laws can not escape control and domination. In fact, the principle of party autonomy is the legal recognition of their own results, Autonomy in the various manifestations of the arbitration system that is essentially the content of national laws and values reflected. In short, the arbitration system, the principle of autonomy is limited, this limit is determined by national law, the principle of autonomy of the arbitration can only be excluded in this subdivision within the limits of national laws on arbitration activities of the intervention. (B) the jurisdiction of the arbitration jurisdiction of the arbitration theory theory refers to the state for arbitration with the control and adjustment. The theory is that although the arbitration agreement from the parties, but the validity of the arbitration agreement, arbitration arbitrator behavior, recognition and enforcement of arbitral awards, etc., and its authority from the state laws, as well as from the national authority the division of the state judicial power and to the degree, so the nature of the arbitration with judicial power. According to this theory, the right to arbitration is a judicial power. Judicial power is the power of the state is a state authorized to exercise powers of the court. That the arbitration right is a judicial power, in essence, is that the national judicial tribunal is an integral part of the organization, the powers of arbitrators from the local law, arbitration awards and court decisions have the same meaning. French scholar Mann (Mann) that the final award for the controversy reflects the will of the state is a sovereign act, it can only be established by state law to the exercise of specific institutions, the parties choose arbitration to resolve their disputes must be express or implied methods of arbitration within the framework. Although the arbitration system embodies the principle of party autonomy, has a certain autonomy, but Mann pointed out that although the memory in different countries have different requirements in each other, but no one can point out that the domestic law of a country which has a the law or legal principles to give the person to go beyond the powers of law in the country, and our so-called party autonomy in a particular country must be exercised within the legal system. Arbitration is essentially a private deal between the rights and obligations between each other private system, while private law is a domestic law and the legitimacy of arbitration law of the country must be recognized within. International conventions in the use of arbitration in fact be incorporated into national law of the land in the results to be applicable, it does not exist in arbitration truly international arbitration, arbitration is essentially a domestic legal system, subject to the law of the land constraints. Benedict Kitagawa Japanese scholars Code that: the court. Needless to say, arises from the modern system of arbitration, the law recognizes that a national dispute resolution methods, modern arbitration system never really separated from the outside of the national legal system, but we must also see that the arbitration as a dispute resolution, and including court proceedings, including mediation and negotiation of social conflict resolution mechanisms and other essential difference exists. Court proceedings on behalf of our country recognized by the mechanism of the exercise of judicial power, the court's decision to rely on state coercive power to ensure the implementation, although the process of court proceedings respect the rights of litigants, but the party autonomy is limited to a smaller range within; mediation and negotiation, although the formal difference exists between the two, but they are completely private, autonomy, completely subject to party autonomy in the Settlement of Disputes, mediation and negotiation, whether the specific conduct of proceedings, or for dispute resolution The results of the performance, are fully reflect the principle of party autonomy, as long as the parties have different views, mediation and consultation procedures may be terminated, even if the conclusion has been formed to settle disputes, the parties can freely decide to perform or not. In court litigation and mediation and negotiation between the arbitration highlight a special dispute settlement mechanisms: the basis of party autonomy, backed by judicial enforcement, and efficient without losing the flexibility to deal with social conflict. Sum up, arbitration, judicial power and judicial power theory of rights arbitration from the state with the mandatory provisions of law as power, ignoring the relative independence of the arbitration, the arbitration power not only confused with the judicial power, the right to a disguised form of the arbitration jurisdiction, but also to the arbitration tribunal in the exercise of the right to process the award is made only in strict compliance with the laws of the State, has been extremely limited powers, which not only hindered the dispute fair, timely solution, also limits the development of its own arbitration system. (C) the arbitration Autonomy generally believed that self-government by the French scholar of Lv Beilin - Ludwig (Rubellin-devichi) first proposed and to be fully elaborated. The theory states: We studied the nature of the arbitration system, the key is to examine whether the judicial arbitration and contract beyond the two constitute a separate autonomous system. This inspection should be carried out with the help of our success to achieve the purpose of arbitration and the arbitration the parties are unwilling to take court proceedings and warrants to the way and should not indulge in the light of the existing contract system and the justice system. By the commercial arbitration system is a system that people own, it is completely out of the contract the fetters of the principles and judicial power, has become a supra-national autonomy system. The reason why the arbitration agreement and arbitral awards are mandatory, not because the contract, not because the arbitration agreement or arbitration award of the Court authority or law of the country belongs to and, but because it is the basic needs of international commercial relations or the internal requirements . Therefore, both opposed to this theory comes down to pure judicial arbitration system or purely contractual, nor against the hybrid theory point of view, but can not claim jurisdiction or contract arbitration with the link to determine the nature of arbitration, the arbitration is essentially beyond jurisdiction or contract. Autonomy is the core of the research question of the nature of the arbitration system, emphasizing the analysis should not focus on the characteristics of the internal structure of the arbitration system, which will examine the arbitration system should focus on the purpose of arbitration, the role, methods, and practical function their own problems and other arbitration. Autonomy of the arbitration system that is purely spontaneous creation and development of business people improve the system, by independent business people formed by the business community to set up the arbitration system, development and improvement of the soil, the arbitration system was established the purpose and role is to solve the business community in the form commercial disputes, and arbitration system is more than the court proceedings favored by business people because: arbitration system to deal more efficiently disputes between businessmen. However, the arbitration system has the characteristics of this highly efficient system is not based on the exercise of state jurisdiction, nor is the product of the development contract principles, but business people in order to achieve this objective and efficient settlement of disputes when arbitration system created well-designed. Arbitration is based on meeting the needs of the business community to resolve disputes arising with the use of national jurisdiction and the principle of the existence of contracts are not directly related, it is a contractual beyond the judicial power and full self-government system. Autonomy of academics is critical in the overall history of the nature of the existing jurisdiction of the arbitration, contract and mixed on three theories on the basis of the creation and development, it will focus on exploring the purpose of the arbitration system itself , the role and effectiveness of such procedures, not only to deepen the theoretical depth of their research, but also expanded the view of research on the arbitration system, in particular the theory of self-government from a new perspective and examine arbitration system, emphasizing the arbitration system autonomy and independence, full recognition in the arbitration process the parties enjoyed a high degree of freedom and a decisive role, no doubt profoundly reveals the autonomous nature of the arbitration system, should be affirmed. However, Autonomy and overkill, critical and negative in the past, based on the theory, but to the things the other extreme: the arbitration system is an independent, self-development system, arbitration system without the constraints and management of sovereign states, the arbitration system in a State law governing the existence and scope of development and not subject to a State court intervention and supervision. In fact, we examine the history, is not difficult to confirm such a basic fact that the arbitration system emerged after the country became a sovereign state recognized by the judge of right and wrong methods and means of society, and since then started to be an arbitration system State control and restrict the legal system, arbitration system itself also constitutes a part of this legal system. At the same time, since the arbitration system as a recognized national law dispute resolution, then it and the behalf of the state courts of jurisdiction can not exist the necessary contacts, the court limited the implementation of the arbitration system of supervision, not only to maintain the social justice, ensure that national legislation applicable to the coordination and unification of the arbitration system is necessary for the development of their own health. This form of national sovereignty as long as long as this state machine is still running the court, arbitration can not become a country completely free from court supervision of a fully autonomous system. Third, the value orientation of the arbitration system Arbitration Arbitration is the theory of value orientation of the basic research issue, but also the existence of arbitration as a dispute resolution mechanism and in accordance with the reasons, it is the logical starting point for their own development and the end result. It is determined from the theoretical level and impact of the arbitration system, the operation of the relevant legislation and practice, and arbitration practice in the absence of legal regulation principles and the basis for the arbitration acts. Theorists of international commercial arbitration system, value orientation has been a revelation for a lot of debate and discussion and scientific. For example, Mr. Chen Bin believes that the primary goal of arbitration is fair, because fairness is the primary value of the target procedure system, the program is based on the real eternal life it is fair; arbitration second objective is the economic value of the market economy as a of social resources for efficient and rational allocation of the economic model, in addition to desire for a fair value target of the ruling as a basic mechanism, it also required that such decisions with the market economy mechanism fit with the new value, in order to improve resource optimization level, the value of this new target is often summarized as Mr. Yang Rongxin that the value of international commercial arbitration procedures are fair and objective procedures for subjectivity, and the procedure is the subject of the special value of arbitration goals. Mr. Xiao Yongping in on how the arbitration system to maintain a balance between efficiency and equity, pointed out that international commercial arbitration system should be effective as a value orientation. Mr. Chen An arbitration system is that fair values should be first, rather than the results first. Mr. Song Lianbin said: in order to achieve the orderly functioning of markets and the rational allocation of social resources, so that the larger parties and the interests of society can get or avoid big losses. Debate values are closely around the effectiveness and fairness varies inside the value of light and the choice, of course, when the value orientation of the arbitration, but arbitration and litigation system should be compared with the horizontal comparison arbitration system who pay more attention to the proceedings effective maintenance or preferred equity. In fact, the efficiency and fairness are all pursuing the goal of dispute settlement procedures, arbitration is no exception. Arbitration in order to benefit its value target is obvious. Flexible arbitration proceedings, a final cut, greatly reducing the arbitration cycle, reducing the cost of the parties; part-time arbitrators, without consuming countries, public support, arbitration is a voluntary choice of private parties to the process of dispute resolution, the general public does not need state authoritative intervention, saving public resources; arbitration to equal the principal (business) property of the dispute is between the ruling object, an objective determination of the value of the arbitration must be effective for its target, in a market economy, economic man (businessman) in behavior is oriented to efficiency, prompt and efficient resolution of disputes is a businessman and the basic demands of the arbitration system. Proceedings of the arbitration system than the principle of giving priority to efficiency, in front of the system characteristics have been clarified, No need to dwell on this. Arbitration practice and the Court for a final ruling in most cases only the arbitration process review, not review the decision of the entity. Therefore, some scholars expressed doubts about the fairness of the arbitration, or even that the efficiency is not only emphasized the importance arbitration fairness, select the arbitration is equivalent to choose the risk. This is a misunderstanding of the arbitration fairness. How to understand the justice of arbitration ? Just a procedural justice and substantive justice of the points. In arbitration, the arbitrator is an independent, and dispute the facts and interests are not associated with, the arbitrator requires equal treatment of parties; the parties are equal, there is equal opportunity to fully present its case; both parties on how to proceed with arbitration proceedings greater choice and decision-making power, can be fully and independently participate in the arbitration proceedings; arbitration proceedings, such as breach of natural justice, the arbitration award may be revoked by the court or refuse recognition and enforcement; and so on. Therefore, arbitration is obvious pursuit of procedural justice. Entity justice also determine the fate of the arbitration. If the arbitration is faster, but procedural justice, but the lack of substantive justice, no doubt against the whole society's confidence in the arbitration, the arbitration system can not until today, no more future at all. Arbitration system to ensure that an entity has its own miscarriage of justice and the internal mechanism of digestion. First, the parties in arbitration have great autonomy, can be trusted to choose their own arbitrators and arbitration organizations to handle the dispute, the arbitration institution or if the parties doubt the impartiality of the arbitrator, then it could not make this choice; arbitration is civil in nature, is also part-time arbitrators, the arbitration agreement between the parties Youyi the basis of arbitral institutions and arbitrators are not parties to the reputation and ability of the trust if the agency or arbitrator is bound to be eliminated. Ability to do substantive justice agencies and arbitration where the arbitrator's lifeline. Second, the arbitrator in the moral and professional standards of conduct on the high standards to ensure that arbitration itself is an entity that is an important and effective means of justice. Third, the program itself is just the way to achieve substantive justice and protection. In a fair process, the arbitrator chosen by the parties themselves independent, equal status and because the parties are treated equally, the program is highly transparent, no secret at all the parties, perverts the law likely be minimal. Fourth, the number of arbitration institutions in order to seek arbitration substantive justice, to take a certain amount of oversight measures. For example, the Court of Arbitration of International Chamber of Commerce set up a review system for the nuclear form of an award, the arbitrator signed the award in the award should submit the draft before the Court of Arbitration, the Court can modify the form of the award, and without prejudice to the autonomy of the arbitral tribunal under the premise of the Court to remind the ruling entity attention problems. In addition, in extreme conditions, the law allows the court of arbitration, the substantive examination, the law does not completely prohibit the physical supervision of the court of arbitration, but left some room for. For example, the arbitration award and the content may violate public order, the court may revoke or refuse recognition and enforcement. This is a universally accepted practice. All in all, the rapid development of globalization today, an efficient, fair and civil dispute resolution mechanisms, has become the objective requirements of economic development; based on the arbitrator's own development, but also should be equity, efficiency and balance as its own goal , and this pursuit is endless. Otherwise, the arbitration will surely lose its survival and development of space. First, the efficiency of fairness must be left meaningless; Second, in a sense, left the efficient and fair is not caused by the economy will also lead to the ultimate party for the arbitration is not fair; Third, discard the benefits , the parties would not even think of arbitration such dispute resolution mechanism.

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