Abstract
With the development of China's arbitration practice, the issue of non-recognition or revocation of arbitration award due to service of arbitration is common in judicial practice, in which an important part of the mode of service-the service by publication of the more. Due to the litigation of China's arbitration system and the direct application of the arbitration service system to the civil litigation service system, resulting in the service by publication in arbitration there is a source of the right to be unknown, the service of the form than the substance of the problem, and ultimately affects the procedural justice of arbitration and the validity of arbitral awards. This study is based on China's bifurcated arbitration system, combined with the reasons for international arbitration to abandon the use of service by publication, China's current stage of the arbitration service by publication of the provisions of the arbitration notice, from the perspective of foreign arbitration and domestic arbitration to explore the existence of a more reasonable way of arbitration service by publication, and put forward a proven practice programme.
| Translated title of the contribution | Study on the Existence Issues in Service by Publication under the Bifurcated Arbitration System |
|---|---|
| Original language | Chinese (Simplified) |
| Pages (from-to) | 91-102 |
| Journal | 商事仲裁与调解 |
| Issue number | 6(总第22期) |
| Publication status | Published - 10 Nov 2023 |
Research Keywords
- 商事仲裁送达
- 仲裁双轨制
- 公告送达
- 程序正义
- arbitration service
- bifurcated arbitration system
- service by publication
- procedural justice
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