Probe On The International Commecial Arbitration Agreement

Since the nineteen fifties, the International Commercial Arbitration has experienced an unprecedented development, especially in the promotion of the wave of globalization in the late of the twentieth century, With the growing of national economic exchanges, and frequently exchanges of trade, the controversy continued to increase, while countries in the judicial sovereignty never easy to make concessions, which also makes the International Commercial Arbitration greater opportunities for development. As we know, autonomy, flexibility, confidentiality, civil, and other distinctive characteristics generally favored to win the parties on arbitration, which has also been considerable developmentThe chapter1starts from the generation of international commercial arbitration agreement, the historical evolution of the international commercial arbitration agreement and adhere to the basic philosophy, and on this basis of analysis of the nature of international commercial arbitration.The chapter2describes the form of the International Commercial Arbitration Agreement, respectively, from the "New York Convention","International Commercial Arbitration Model Law, as well as major countries in the international legislative provisions were introduced, and analyzed on the basis of international commercial arbitration agreement trends, combined with the analysis of the national legislation and practice of the arbitration agreement in the form of legislation and judicial practice are discussed.The chapter3is one of the important sections of this article, since its introduction to the main content of the arbitration agreement, that is, several aspects need to be considered in the process developed by the arbitration agreement:arbitration matters, arbitration and the language of the arbitration, arbitration location, the selection of an arbitrator or arbitral tribunal composed.The chapters4and5is the most important sections of this paper, these two chapters, the law applicable to international commercial arbitration agreements discussed separately. The first international commercial arbitration agreements where the main agreement or the original contract law applies, and how to choose the law are discussed, followed by the analysis itself the law applicable to international commercial arbitration agreement, that the elements of the arbitration agreement, the effectiveness of how applicable law to decide the issue. The terms of the International Commercial Arbitration agreements are often among the International Commercial Contracts, just the form of a clause appear, and among these contracts often only agreed on the laws applicable provisions of the substantive issues, not the law of commercial arbitration agreement applies the convention, so many problems. Two separate expositions.The chapter6introduces the theory of the independence of the International Commercial Arbitration, start with the origins of the theory, controversy exists in the foundations of the theory, doctrine, and practice, and finally combined with our practice of arbitration agreement independenttheory in the establishment and application of our situation.The last chapter of the article summarizes the legislation and practice of international commercial arbitration agreements in China, and this on the basis that the existing lack of sound advice.