Study Of The System Of International Commercial Arbitration Agreements

The international commercial arbitration has been the mostly used instrumentality for resolving disputes arising out of the international commercial transactions since the speeding up of economic globalization and the improvement of national arbitration law of the countries from 1980s. The reasons for which international commercial arbitration is favored by the investors and traders around the world are: it offers the parties great autonomy for resolving disputes; it constructs a bridge across the legal fences and judicial barriers; it provides the more equitable and more efficient processes of judgment and enforcement; and all of those are supported by the international commercial arbitration law which is established on the basis of the arbitration agreement system. The intention of this dissertation is not to introduce the detailed aspect of the arbitration agreement system, but to demonstrate, according to the study on theories and practice of the international commercial arbitration, that the core value of the arbitration agreement system is to guarantee the parties'autonomy with justifiable limits. The conclusion of this dissertation, which comes from the anatomy and summary to the national legislations, international treaties and case law, is that the main concern of the international arbitration agreement system is the parties'autonomy: about the support, limits, scope of implement, extent of permission, measures of safeguard and policies of regulation to it. The modern tendency of it is going to extend the parties autonomy by adopting more flexible measures of regulations and safeguards. By comparative research on national legislations and a series of properly chosen cases concerning international commercial arbitration, the specialties and common rules of different legal systems could be found. Apart from that, the analyzing and generalizing of the evolution path of international commercial arbitration agreement system in different countries is also used in this dissertation. These methods would lead us to explore their different economic systems, the history and culture traditions that influence the international commercial arbitration agreement system. This dissertation focuses on the discovery of the causation, characteristics, existing problems of international commercial arbitration agreement system in China, and its tendency under the background of transitional market and economicglobalization. The main goal of the study is to try to find out the possibility of creating and improving an advanced arbitration agreement system that can take up the role to provide a competitive position for China's international commercial arbitration in the world market as well as more efficient service to the economic and social development of our country.