New York Convention And The Validity Of International Commercial Arbitration Agreement

With the development of international commercial trade, international commercial arbitration of international commercial transactions are increasingly becoming widely used means of dispute resolution, signed in 1958, "New York Convention" is the core of legal documents in this area. Since the independence of the arbitration agreement itself, therefore, "the New York Convention" Although this is only the recognition and implementation of "arbitral awards", but "the effectiveness of the arbitration agreement, " the identification and application of law to the Convention has become the most important basic content. In this paper, the effectiveness of international commercial arbitration agreement based on the theory, combined with "New York Convention" provisions of the arbitration agreement, and China's current legislation and practice on international commercial arbitration, from the jurisdiction of the arbitration agreement validity, raised objection to the time limit the effectiveness of certification process, identification of a valid arbitration agreement, and several other aspects, focused on China is a party in the current legislation in the field of international commercial arbitration and the lack of practice, discussion of China's international commercial relations in the new environment, how to make the arbitration should be efficient and convenient advantages through respect, "the New York Convention" spirit, refer to the "United Nations Model Law on International Commercial Arbitration" and other "New York Convention" legislative party advanced the concept, combined with China's reality, to relax the requirements of the elements of an arbitration agreement effectively expand the arbitration institution of arbitration agreement validity of the power of a unified opposition to the proposed time limit the effectiveness of the arbitration agreement and other aspects of the practice of international commercial arbitration legislation of the improvement recommendations.