中國 商事仲裁의 現況과 仲裁人敎育

Abstract

Amendments of Arbitration Law of the People's Republic of China (hereinafter referred to as Arbitration Law) were introduced on August 31st of 1994, under the circumstances of which, unified civil and commercial arbitration system was established, with both foreign countries' arbitration systems and the practice in international arbitration introduced into the Act in accordance with Chinese characteristics. The amendment of Arbitration Law is regarded to be the milestone of civil and commercial arbitration system development in China. During the period of more than 14 years starting from the enforcement in September 1st 1995, civil and commercial arbitration in China has been developed much with an extremely fast speed to keep up with the rapid economic development. In the various aspects of arbitration bodies, the number of arbitrators, arbitration cases and the levels of arbitration awards have dramatic progress been made. Consequently, arbitration has been well established to be an important constituent method of dispute settlement in China which is accordingly becoming into an “Arbitration Giant" in the world. In terms of international commercial disputes, the foreign-related arbitration is evaluated to be relatively advantageous in comparison with litigation and becoming widely used in China due to the high-leveled justice, speed, convenience, and arbitrators' professionalism, in which case, much attention from the global world is subsequently attracted to it. However, as a result of the historic limitations in the arbitration amendments, the actual situation is that some unsolved issues, also considered as issues related to the operation of arbitration, still exist in such a system. So further development is needed to put forward as well, especially when the direct influences are mainly caused by the inclination of its approaching administration or litigation, the excessive intervention from judicial authorities and the like to arbitration bodies' competition ability in China. Hence, considering the arbitration's natures of private involvement, independency, convenience and the tendency of private autonomy's extension between the arbitration parties, through requisitely amending the Arbitration Law as well as improving the arbitration operation, it is supposedly necessary to improve the levels of commercial arbitration and enhance arbitration bodies' competition ability so as to provide better conditions for continuous economy development in the global economy system. Meanwhile, in order to improve the levels of commercial arbitration, arbitrator education is equally very important. At present, in terms of commercial arbitration in China, arbitrator education is proceeding mainly under the arbitration bodies' own the plans and programs. Instead of widely existing regular programs, special lectures are arranged in most case by inviting professors and specialists in particular field, which illustrates that the evolution and reinforcement in arbitrator education is able to be desirable in the future. To be more specific, as far as the contents of arbitrator education are concerned, it is not enough only to get arbitrators educated on provisions in law, but the education on moral qualifications and even the part of skills when working as an arbitrator are also desirable subsequently. Meantime, the educational categories ought to be designed for all arbitrators, classified into general education and personally suited special education and both are preferred to be performed on a regular basis. Additionally, in case that arbitration association is actually established in the future, arbitrator education is desired to be arranged under its charge.