International Commercial Arbitration Of The Dispute May Be Extended

Arbitration has a long history, from ancient tribal chief of the center during the arbitration, to be included in a comprehensive legal regulation of the State, a national judicial system, an integral part of the arbitration of the "activities" by the State and limit the intervention of public power. At the national view, the arbitration applies only to certain specific matters in dispute settlement, or arbitration is not suitable for all types of dispute settlement, beyond the "limited scope" can only bring the consequences of the arbitration agreement is invalid. So "arbitrability" of the concept came into being. Arbitrability question is the basic theory of the arbitration issue, but also in practice indispensable component.Because the arbitration system of the special nature of their own, making the arbitration system to trade activities in the international economy has been widely applied to resolve disputes in commercial transactions, which reflects the other dispute resolution mechanisms do not have advantages. International commercial arbitration system as a basic theory of the controversial issues of the arbitrability issue, it is the validity of the arbitration agreement, the arbitral tribunal of jurisdiction, recognition and enforcement of arbitral awards and so has very close ties. Therefore, it is necessary to the issues in dispute may be arbitration of the expansion trend and the reasons behind this trend of a theoretical analysis of the basic issues, and take this as an entry point to improve China's arbitration system is of great theoretical and practical significance.Text is divided into six parts:The first part is the arbitration of international commercial disputes can be understanding of the meaning and significance. This article first international commercial arbitration and dispute the meaning of arbitrability to be defined, on the issue of the matters in dispute to arbitration to be clearly the object of study. On this basis, the same time, further clarification of the issues in dispute the question of arbitrability has theoretical and practical significance.The second part is the arbitration of international commercial disputes can be found the standard introduction. Dispute to arbitration identification standards, not static, the article finds that the arbitration of international commercial disputes can be summarized to make the general standards, there are standards can be contentious, to reconciliation standards, commercial standards, property standards and public policy standards. The third part is the arbitration of international commercial disputes can be the style of legislation. In this section, the article the main representative of the world may be arbitration of the matters in dispute to be introduced the legislative style, and carried out systematic collation and comparison.The fourth part is the arbitration of international commercial disputes can be the reality of the expansion trend. In the face of international commercial arbitration of disputes may be expanding the scope of the trend, the article pointed out that countries are different degrees of relaxation of restrictions on the scope of arbitrability, and the expansion of the scope of international commercial arbitration, is mainly in the nearly half a century In particular breakthrough in the field of International Commercial Disputes, including antitrust disputes, securities disputes, intellectual property disputes and bankruptcy disputes and other fields.The fifth part is the arbitration of international commercial disputes can be the reasons for the expansion of trend analysis. Arbitration in the dispute may be the reality of the expansion described, the article on this expansion trend of the formation and progressive development of the social background and reasons for making in-depth analysis.The sixth part is in the international trading dispute may under the arbitration influence of expansion tendency, to China about the international trading disputed that may the arbitration legislative present situation and the practice situation said that can quite thorough, thorough know in order to our country question which exists in this question, thus to consummate the Chinese related international trading dispute to be possible the arbitration legislative contribution one's pygmy effort.