The Establishment of the Third Party System of Arbitration Under the Background of the Implementation of the Civil Code

DOI

10.2991/978-2-38476-432-7_41How to use a DOI?

Keywords

arbitration law arbitration third party system autonomy dispute resolution mechanism

Abstract

In the context of the implementation of the Civil Code, the status of arbitration as an important dispute resolution mechanism has become increasingly prominent. At present, the complexity of civil and commercial activities leads to frequent involvement of third-party interests in arbitration cases. However, China’s arbitration legal system lacks clear provisions on the third-party arbitration system, which is not conducive to the protection of third-party rights and interests, but also may lead to conflicts between arbitration awards and litigation judgments, affecting judicial unity. The construction of the third party system of arbitration has become an urgent need. On the basis of balancing the principles of efficiency and fairness, it is necessary to protect the procedural participation rights of stakeholders and respect the autonomy of the parties to the original arbitration agreement. By drawing on international arbitration rules and combining with local practice, establishing a third-party participation mechanism in line with China’s national conditions can not only improve the internationalization level of arbitration, but also improve the diversified dispute resolution system and promote the construction of the rule of law.

Copyright

© 2025 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - Minghui Wu
PY  - 2025
DA  - 2025/06/22
TI  - The Establishment of the Third Party System of Arbitration Under the Background of the Implementation of the Civil Code
BT  - Proceedings of the 2025 4th International Conference on Social Sciences and Humanities and Arts (SSHA 2025)
PB  - Atlantis Press
SP  - 356
EP  - 362
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-432-7_41
DO  - 10.2991/978-2-38476-432-7_41
ID  - Wu2025
ER  -