Arbitration Agreement

As stated by the former general secretary of UNCITRAL Mr. Herman, arbitration as one of old dispute resolution system, come from practice. Nowadays, the countries have reformed arbitration and made it with vitality, become the most emphasized, most efficient and most systematic in the alternative dispute resolution systems. Arbitration agreement is the core, root and base of arbitration system. Any broadly used dispute-resolution-system must be reasonable and impartial, pursue to some values. Justice is the starting point and aim of any dispute resolution system. As pointed out by Mr. Girtin, the dispute resolution procedures demand more impartial. In fact, any procedure of dispute resolution is the process of distributing the procedure and substantive rights. Arbitration procedure must embody justice and efficiency. How to reasonably design the procedure for the above purposes? In essence, the disputes resolved by arbitration is the private fields, the best guard is the parties themselves. As Kangdey pointed out in his book the theory of law, when someone decide for other's matters, unfair probably occurs, when he decide for himself, no unfair scours. From this point, the best dispute resolution procedure is the procedure designed by the parties themselves, because this procedure embodies the main position of parties in the dispute resolution procedure. Resolving the disputes by judge embody the public power intervening in the private, it is compulsory, so every countries strictly monitors the judicial procedure in order to prohibit the judge's prejudice and reckless. In case of the justice being uncertain and unclear, the only way to judging the judicial system is to measure the judicial proceedings. In the judicial proceedings, if the judge implements impartial procedures, the due process will decrease the party's unsatisfactory with the award. In a short, judicial justice is guaranteed by the compulsory regulations and high level reviews, the due process make the awards impartial. In arbitration system, the arbitration agreement takes a basic role in guaranteeing justice. Nowadays, politics, economics and cultures develop rapidly, although the ancient contract theory's phase 'contract means justice' is prejudice to some extent, we cannot deny, in the fields of private, the contract based on the party's self-ruling is still the main impartial method, even if in the field of dispute resolution.Arbitration agreement takes an important role in guaranteeing justice. First, arbitration forum is based on the parties' agreement, according to their judgments, the parties sign the arbitration agreement, abundant their rights of suing and entrust the arbitrator(s) selected by them to resolve the dispute. The parties' behave means the believing in the arbitration system. The party's contract makes the arbitration procedure gain special justice resource. Second, arbitration agreement takes an advantage of the non-compulsory clause of arbitration law, according to the principle of parties' self-ruling. The parties gain the main position in the arbitration procedure. For example, choosing or not choosing the arbitration system, arbitration organ or arbitrator, the hearing style, some countries permit the parties to decide the effect of the arbitration award, the parties can exclude the judicial review etc. Third, the arbitration award is the natural result of arbitration agreement. In market economy, the civil parties owns equal political, economic position, the parties' choosing of arbitration system means the dealing with their civil rights, the parties behave is the resource of justice. The arbitration justice acquires in the parties' contract Although arbitration agreement takes an important role in arbitration system, from now on, there are few books regarding this subject. I hope this article can contribute to the arbitration theory and practice. The article is written by the method of comparison, based on the horizontal and vertical, compared i...