The Practice and Comparison of Arbitration Agreement and Arbitrator Challenge in International Arbitration

• Main Authors: Lin Yi-Ting, 林翊婷
• Other Authors: Hwang, Li
• Format: Others
• Language: zh-TW
• Published: 2018
• Online Access: http://ndltd.ncl.edu.tw/handle/882j88

碩士 === 國立政治大學 === 法律科際整合研究所 === 106 === With the growth of the international commerce, associated dispute resolutions are studied. Among them, the international arbitration is one of the most popular mechanisms. The “effect of arbitration agreement” and the “impartiality and independence of the arbitrators” are two important issues. The arbitration agreement is the important basis for resolving disputes through arbitration procedures. Without a valid arbitration agreement, the arbitration award would be set aside due to lack of legitimacy. Besides, the quality of an arbitrator is the key factor to the arbitration mechanism. The parties will lose confidence in arbitration if the arbitrator is biased. It is hard to resolve dispute in one time. However, the issues of “effect of arbitration agreement” and the “impartiality and independence of the arbitrators” are very extensive and complicated. Therefore, for the part of arbitration agreement, this thesis narrows the scope to specific issues such as arbitration seat, and the form requirement of arbitration agreement, and tries to point out the differences in practice between domestic arbitration and international arbitration through the comparative method. In the topic of impartiality and independence of the arbitrators, this thesis first states the definition of impartiality and independence, the disclosure of arbitrator, and the challenge procedure. Secondly, the existed issues and the standard of the domestic courts are discussed. Finally, this thesis concludes the common successful and unsuccessful cases of challenging an arbitrator. This thesis could be a reference for the international arbitration practitioners.