On The Arbitration Agreement Validity In Contract Assignment

Arbitration agreement plays a very crucial part in arbitration laws , arbitration rules, arbitration procedure and the relationship between arbitration and litigation. The arbitration agreement is also one of the substantive problem which should be carefully considered when partiesare signing contracts. Arbitration agreement is the basis of arbitration, thecontents confirmed by arbitration agreement is active rules of attendants of arbitration. The arbitration system is constructed on the basis of arbitration agreement. Its use is great Creditors' rights arise from civil law relationship include such two kinds: infringement debt and contract debt As a way of resolving the dispute between creditors' rights and debtors' liabilities. Arbitration is more and more extensively used by contracts parties.With the development of society economics and the improvement of people's law thoughts, assignment of creditors' rights more and more frequently arise from people's daily life and economical life, so, the validity problem referring to assignment of creditors' rights absorbs some persons' attention in arbitration field During contract's assignment, thevalidity of the original contract should be cleared In international commercial trade, the thing that parties transfer the contract' right and liability to the third party after they have signed the contract is frequent. If a contract includes arbitration dause, when the contract is transferred to the third party whether the arbitration dause is transferred at the same time? In other words, whether the third party should be bound to the contract's arbitration dause? Which is not only a theory problem but also a practical problem. What' more, every related country 'international commercial arbitration law and international convention haven't definitely ruled the problem, and also in related judicial practice of each state. Neither different countries and one countries' courts judgements is the same . So, it is necessary to conduct a particular research to the problem as to each country's related law and judicial judgement. So as to find out some regulars.The paper concludes and analyzes the theory and practice respect of the view that the accompanied assignment of the arbitration clause by its prime contract Also the view that on the contrary. In the author's opinion, variety of reasons that object to the arbitration clause assignment have their defects. The author deeply criticizes those decisions abiding by arbitration's basic character and the international latest development of arbitration's written form. On such basis, the paper extraordinarily promotes the arbitration validity is just a problem of law's explanation. The standards of law's explanation lies in reasonable profit's analysis.Through analysis of contract three parties' reasonable profitsstudy ,finally , the paper make such a conclusion that if the parties don't explicitly negotiate, the law explanation mat arbitration agreement is transferred with the prime contract is more reasonable and advises having such legation. Further, the paper analyzes the problem's law practice referring to international commercial contracts, and considers that for the time being if the parties don't explicitly select, the key is whether the arbitration place law permits assignment or not...