论缺员仲裁-国际法专业论文.docxVIP

II II ABSTRACT Truncated arbitration, which was not a common phenomenon in previous practice of international arbitration, is being increasingly concerned by academic circles. With the development of international economic relations, arbitration as one of the most important trade dispute solutions, is playing an increasingly important role. In recent years, some of the arbitration agencies, occasionally, made some awards by the truncated tribunals. The problems about truncated arbitration were also discussed by United Nations Commission on International Trade Law. At the same time, truncated arbitration has gained increasingly attention in academic circles. By comparative analyzing of the main arbitration rules, this thesis did a research on truncated arbitration. Firstly, the thesis makes research on the conception and development of truncated arbitration. Secondly, the author discusses the rationality of truncated arbitration, laying a basis for the truncated arbitration system research. In chapter three, the author does a research of the feasibility of truncated arbitration system by means of analyzing arbitration rules. Then, the author discusses recognition and enforcement of awards by the truncated tribunals under the 1958 New York Convention. Finally, the author indicated how to device the truncated arbitration system. KEY WORDS: truncated arbitration; arbitration rules; recognition and enforcement PAGE PAGE IV 目录 摘要 I ABSTRACT II 第 1 章 绪论 1 1.1 选题来源 3 1.2 研究现状 1 1.3 研究方法及结构安排 1 第 2 章 缺员仲裁概述 3 2.1 缺员仲裁的概念 3 2.2 缺员仲裁存在的合理性分析 3 2.2.1 维护仲裁的灵活性与高效性 4 2.2.2 维护仲裁的制度性 5 第 3 章 世界上主要仲裁规则对缺员仲裁的态度 6 TOC \o 1-1 \h \z \u ICSID 仲裁规则 6 UNCITRAL 仲裁规则 7 ICC 仲裁规则 8 LCIA 仲裁规则 8 WIPO 仲裁规则 9 CIETAC 仲裁规则 10 3.7 AAA 仲裁规则 10 第 4 章 缺员仲裁裁决的效力认定 12 4.1 仲裁庭的组成违反仲裁协议或违法时缺员仲裁裁决的效力 13 4.1.1 仲裁庭的组成违反当事人之间的仲裁协议 13 4.1.2 仲裁庭的组成违法 14 4.2 仲裁程序违法或违反当事人之间的约定时缺员仲裁裁决的效力 16 4.2.1 缺员仲裁庭审理案件的合法性 16 4.2.2 缺员仲裁裁决的合法性 17 4.3