Research On Issue Of Arbitrability

With the development of the society, facing to the quantification and diversification of disputes in modern society, the courts begin to feel difficult to deal with so many disputes. At the same time, arbitration, which works as one of the civil disputes resolution system, becomes one of the most important substitute ways to spare the burden of the court. However, born as one of the civil disputes resolution system, arbitration is different from court in nature. So the question that which disputes could be solved by arbitration and which could be sued to the court becomes vital to arbitration. In practice, there are many different ways to deal with that problem.This article intends to discuss that question in depth, which can be called Issue of Arbitrability, for the purpose to have stimulative impact on the practice. Arbitrability takes an significant role both in theory and practice, which determines the effectiveness of arbitration agreement and the recognition and enforcement of a result award. This article can be divided into four parts except the foreword.The first chapter, some theory of arbitrability will be discussed, including the concept, theoretical principle, characteristic and the differences from jusitciability. Theory is the first step to analyze all issues. This part play the role as the foundation of the whole article.The second chapter, the comparing research of that question, includes some representative countries'legislation and the main trend internationally. Introducing the advanced experience is beneficial to the improvement of our own legislation practice. The third chapter, which is the core part of the articles, will discuss the standard of arbitrability. The author describes that in three different aspects that is the subject of the issue, the relationship between the subject and the object and the nature of the object.The fourth chapter will analyze the practice of China. All of theory research will return back to the practice of domestic, at this part, the author will put the third part in practice to analyze the arbitrability of some specific disputes.