Principles Of Foreign Arbitration
(I) agreement
Principle
The so-called principle of agreement means
arbitration
The right to arbitration should be established on the basis of the parties' voluntary agreement.
The parties may make an arbitration clause in advance, or a written arbitration agreement after the incident.
Without the arbitration agreement of the parties, the arbitral body can not exercise the right of arbitration.
(two) the principle of independent adjudication
The principle of independent adjudication, first of all, refers to arbitral institutions in arbitral cases, which can only be judged on the basis of objective facts and laws, seeking truth from facts, without interference from any organ, group or individual.
Secondly, it refers to the arbitrator's individual independence and the ruling opinion based on independent will.
(three) the principle of fairness
The principle of fairness is based on the law of litigants.
Equal status
On the basis of.
Whether the Chinese party or the foreign party, or the large, small, strong or weak parties in their country, they are all equal in the arbitration process, and the arbitration institutions will be fair and fair.
(four) principle of confidentiality hearing
The secret trial means the obligation of not hearing and the parties, arbitrators, witnesses, appraisers and so on.
It is out of respect for the free will of the parties concerned and the consideration of commercial secrecy.
If the parties apply for public hearing, it is necessary to obtain the consent and approval of the arbitration tribunal.
(six) reference
International practice
Principle
There have been some practices in the long term commercial contacts between countries, which involve substantive law and procedural law.
Concerning foreign affairs or foreign nationals
Arbitration institutions, in the light of these international practices, can make up for some defects in China's laws and regulations, and help the parties to accept the ruling results, so as to solve disputes between the parties reasonably and quickly.
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