On Legal Issues of Arbitration Hearing Procedure in the Context of International Commercial Arbitration Rules
Han Cheng-jun
Abstract
Han Cheng-jun
Abstract
International commercial arbitration rules refer to abundant issues concerning arbitration hearings.Among these issues,general rules of arbitration procedure and terms of reference are quite typical.The content of general rules of arbitration procedure,which are mainly used to answer the question of what basic principles should be followed in the whole procedure of arbitration,involves three aspects: first,the rights of both parties to decide arbitration procedures;second,arbitration tribunal's equal treatment to both parties;third,arbitration tribunal's right to arbitrate as appropriate.By and large,the general rules of arbitration procedure state that both parties should be treated equally and arbitration should be awarded as appropriate.They have a significant value of implementing the principle of autonomy of the parties' free will and of smoothly promoting the execution of arbitration procedures.Meanwhile,the terms of reference providing procedural timetable of arbitration hearing are innovated by ICC(the International Court of Arbitration of International Chamber of Commerce).Although such practice hasn't yet been carried out universally,it could be taken by arbitration commissions in other parts of the world as a good method of improving their procedures of arbitration hearing.
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International commercial arbitration rules refer to abundant issues concerning arbitration hearings.Among these issues,general rules of arbitration procedure and terms of reference are quite typical.The content of general rules of arbitration procedure,which are mainly used to answer the question of what basic principles should be followed in the whole procedure of arbitration,involves three aspects: first,the rights of both parties to decide arbitration procedures;second,arbitration tribunal's equal treatment to both parties;third,arbitration tribunal's right to arbitrate as appropriate.By and large,the general rules of arbitration procedure state that both parties should be treated equally and arbitration should be awarded as appropriate.They have a significant value of implementing the principle of autonomy of the parties' free will and of smoothly promoting the execution of arbitration procedures.Meanwhile,the terms of reference providing procedural timetable of arbitration hearing are innovated by ICC(the International Court of Arbitration of International Chamber of Commerce).Although such practice hasn't yet been carried out universally,it could be taken by arbitration commissions in other parts of the world as a good method of improving their procedures of arbitration hearing.
Key concepts: Arbitration, Tribunal, Compulsory arbitration, Law, International arbitration, Arbitration clause, Business, Context (archaeology)