A Study On The Policy Of Favoring International Commercial Arbitration

With the development of international economical transaction, the function and advantages of international commercial arbitration as a effective method to resolve commercial disputes is recognized by international community. Form early 20th century, especially after the Second World War, the policy of favoring international commercial arbitration come into being around the world. Under the direction of this policy, a lot of countries draft or amend their arbitration law to adopt advanced arbitral system. In the aspect of judicial practice, courts' attitude to arbitration becomes more and more supportive. Some unnecessary limitation has diminished and court is giving more assistance. In addition, many international treaties, regional treaties and international legal documents are formulated. International arbitral institutes also devote themselves to the development of international commercial arbitration. In a word, the spirit of above actions is to make international commercial return to its nature that is a method to solve private dispute and bring out its advantages to utmost. The study on this policy will benefit the reformation of international commercial arbitration in China.To elaborate the opinions above, this article is divided to four parts.The first chapter introduces the concept and function of the policy of international commercial arbitration. At the same time, the author makes a review on the historical evolution of it.The second chapter point out that the nature of modern policy of international commercial arbitration is supportive. In the view of author, the merits, advantages and developing trend of international commercial arbitration contribute to the formation of this policy. The opinion that the policy of favor-international commercial arbitration has come into being around the world is confirmed through analyzing the contemporary situation in international and domestic scope.The third chapter discusses many specific issues of international commercial arbitration to illustrate the impact of this policy. For example, party autonomy is fullyrespected; the new form of arbitral agreement is recognized, its scope expands and enforceability increased gradually; the efficiency of arbitral procedure is improved by designing some rules and give more power to arbitral tribunal; the court becomes more cautious to set aside arbitral award, prefer recognizing and enforce arbitral award and provide more assistance during the proceeding.The forth chapter discusses the international commercial policy of China, pointing out some problems in the legislation and judicial practices. The author put forward some advices that the Arbitration Law of PRC that is enacted in 1994 should be amended according to the Model Law and the conception to support international commercial arbitration should be developed in the whole society.