The Validity Of International Commercial Arbitration Agreement Study

International commercial arbitration is with the development of the world economy development, China's arbitration system starts late, and has distinct Chinese characteristics. After China's accession to the WTO, the world's economy and trade had a significant impact, but with the rapid development of world economy, there appears a large number of disputes and economic disputes, the commercial arbitration in China to promote the role of objective. At the same time, also called Chinese arbitration system should pay attention to the internationalization of the legislation, so that China's arbitration system can better serve the social and economic.All national arbitration legislation and international arbitration rules, the arbitration agreement as the arbitration jurisdiction made based. There is no arbitration agreement, the arbitration will be out of the question, the award of arbitration have no legal effect. The international commercial arbitration agreement nature there are four main theories, which is the contract theory, the theory of judicial power, hybrid theory, autonomy, the author agrees with the contract, that contract is the essential attribute of the arbitration agreement.The international commercial arbitration agreement valid terms are divided into general requirements and special requirements in two areas. Arbitration agreement must also be performed, if the arbitration agreement to arbitration agreement unenforceable, then the arbitration agreement is meaningless. The international commercial arbitration agreement of parties, the court, arbitration institution has the legal effect. The first of them is for both parties to generate binding; followed by the arbitration agreement in an arbitration institution for arbitration, or binding.International commercial arbitration agreement validity extension problem, defective validity of international commercial arbitration and the cognizance of international arbitration agreement validity of third people, these are the new problems in international arbitration, and arbitration research must face the problem. Most country in the legislation and Practice on these questions encourage and support attitude, our country also should be so.After China joins WTO, international commercial arbitration unification movement will inevitably influence china. While China's arbitration law has some defects, the arbitration agreement to the strict regulations are different from most other countries, this limitation is actually in the arbitration will be attached outside the condition, will cause the parties to the arbitration will get no respect, this is not consistent with the nature of arbitration. China's arbitration law amendment should not only consider the world advanced arbitration legislation, but also with China's national conditions, so as to both national, international, modern.