Study On The Abitrability Of Personal Property Disputes With Foreign Elements

Arbitration is an important way of alternative dispute resolution. It has developed a lot along with the development of litigation. More and more disputes can be arbitrated now. In the study of arbitration, the study of the range of arbitrable disputes is quite significant. Chinese scholars attach much importance to the question of the range of arbitrable dispute. Many books and articles are about this question, but few of them are about the question whether disputes of personal property with foreign elements can be arbitrated. This thesis is concerning the question whether disputes of personal property can be arbitrated.Against the background that the range of arbitrable disputes is growing, taking option of dispute resolution as the view, this article is talking about the arbitrability of the disputes of personal property with foreign elements. Because only a few books and articles are about arbitrability and the option of way of dispute resolution, there is few material that can be use as reference. The author finishes this article with great passion for international private law and arbitration. First, the author hopes that teachers and colleges can give him some instructions and advices to help him study this subject further. Secondly, the author wants to arouse public attention on the questions of arbirability of the personal property dispute. This article is divided into four parts:This first part is about the definition of arbitrability of personal property dispute with foreign elements. First, the article defines the arbitrability of personal property disputes with foreign elements and the range of personal property disputes. Secondly, this article compares disputes of personal property with common disputes of property and finds out the characteristics of the former ones. Thirdly, this article analyses the definition and characteristics of arbitrability.The second part of the article is about the academic analysis on arbitrability of personal property disputes with foreign elements. The academic foundation of the option of way of dispute resolution is the old principle of Autonomy in Private Law. This article demonstrates the jurisprudence basis for the arbitrability of personal property disputes through analyzing the essence of the principle of Autonomy in Private Law, the economic attribute of the option of way of dispute resolution and the benefit of it.The third part is about the feasibility analysis on the arbitrability of the personal property dispute with foreign elements. Based on the background more and more kinds of disputes can be arbitrated now, the study of arbitrability of personal property disputes with foreign elements is necessary. This part proves the point that personal property with foreign elements can be arbitrated through analyzing the conditions and advantages of the arbitration of personal property disputes with foreign elements. Even if the recognition and enforcement of arbitration award on personal property disputes are inconsistent with our public order, the reservation of public order will protect that from damages.The fourth part is about the laws and cases of China on the arbitrability of personal property dispute with foreign elements. This part analyzes the present situation of provisions and practice on arbitrability, points out the deficiency of Chinese laws on arbitrability and proposes advices on that.