Research On Legal Effect Of Arbitration Agreement And Arbitration Clause

Based on the Chinese internal and external legislative and judicial practice, this paper lays stress on the analysis of legal problem of arbitration agreement, refers to the validity of arbitration agreement, separability of arbitration clause, the organizations which can decide the validity of arbitration agreement, the application of law of arbitration agreement. The paper studies the tendency of international legislation on arbitration agreement, such as 1958 New York Convention, UNCITRAL'S Model Law on International Commercial Arbitration and British Arbitration Act 1996, points out the advantages and defects existing in China's arbitration agreement legislative and judicial practice. Therefore, this paper thinks it is proper to amend Chapter 3 of the Arbitration Law of the PRC and puts forward constructive articles to supplement.