The Construction of Arbitration Clarification System in China from the Perspective of Value Balance
For the commercial arbitration system,clarification plays a crucial role in ensuring the efficient advance-ment of arbitration procedures and maintaining the credibility of arbitration awards.Therefore,clarification is an im-portant issue within the international commercial arbitration system.However,due to the lack of explicit provisions regarding the arbitrator's right to clarify in the Arbitration Law and the Civil Procedure Law,the legality of clarifica-tion lacks legislative protection.In China's commercial arbitration practice,there are issues such as unclear nature of clarification,unclear methods of clarification,and undefined boundary of clarification,which affect the arbitra-tor's enthusiasm for clarification and limit the function of clarification.There is also no consensus among parties on the understanding and application of clarification in commercial arbitration theory and practice.In commercial arbi-tration practice,clarification refers to the situation where a party's requests,statements,claims,evidence,etc.,are unclear,ambiguous,or insufficient during the arbitration process,potentially affecting the substantive outcome of the case,the arbitrators use questioning,inquiries,reminders,and other methods to prompt the party to supple-ment,clarify,and specify their requests,statements,claims,evidence,etc.,so as to facilitate a fair and just reso-lution of the dispute.It is important to note that when exercising the right to clarify,the arbitration tribunal must do so within the scope permitted by the applicable law,and must proceed with caution,neutrality,fairness and rea-son,so as to ensure a balance between the two core values of efficiency and justice in commercial arbitration.The issue of clarification exemplifies the contradictions and conflicts between various value pursuits within the commer-cial arbitration system,and it also sets high demands for the professional skills of arbitrators.It further presents practical considerations and objective needs for the improvement of China's arbitration legal system and dispute res-olution practice.The absence of provisions on the right to clarify in the Arbitration Law and related legal norms has led to a lack of legitimacy and legality for this important procedural tool within China's commercial arbitration sys-tem.Clarification is undoubtedly necessary in the arbitration process,but how arbitrators should properly exercise the right to clarify is indeed a matter that warrants attention and contemplation.Due to the lack of legislative provi-sions on the right to clarify in China,in order to ensure the safety and standardization of arbitrators exercising this right,it is necessary to clarify the legitimacy and legality of the right to clarify and to construct a specific system of arbitration clarification norms accordingly.Compared to litigation,commercial arbitration places a greater emphasis on efficiency,but as a means of dispute resolution,fairness is its baseline for existence.It ensures that parties are given a fair opportunity to present their case and that the arbitrator has a clear understanding of the issues in dis-pute,which is essential for rendering a just and equitable decision.From a theoretical perspective,the establish-ment of the right to clarify in arbitration can further clarify the rights and obligations of arbitrators.In practice,es-tablishing the right to clarify helps to prevent arbitrators from being passive in their duties and can play a significant role in organizing the focus of disputes,evidence examination,and other aspects during the hearing.It is important to note that when arbitrators exercise the right to clarify in the arbitration process,they must first fully respect the autonomy of the parties,and then,by leveraging the arbitrator's initiative,promote communication between the parties and the arbitration tribunal to form the optimal solution for a one-time resolution of disputes through arbitra-tion.
arbitration lawarbitration clarificationnature of clarificationmethods of clarificationboundary of clarification
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