On The Relationship Between Intemational Commercial Arbitration Agreement And Jurisdiction Of Arbitration

The International Commercial Arbitration Agreement and the Jurisdiction of Arbitration have a close relationship, which exists in three domains of the actual arbitration procedure. They are the establishment of jurisdiction of arbitration, jurisdiction challenge and the accomplishment of jurisdiction of arbitration.The most important relationship between the international commercial arbitration agreement and the jurisdiction of arbitration is in the establishment of jurisdiction of arbitration.The force in the first place of an international commercial arbitration agreement is to establish the jurisdiction of arbitration. An international commercial arbitration agreement not only establishes the jurisdiction of arbitration, but also denies the appealing right of the parties and the jurisdiction of the courts, which is the fundamental principle of establishment of jurisdiction of arbitration. And this principle is called the principle of arbitration agreement jurisdiction. The international commercial arbitration system is based on the principle of party autonomy. The parties express their wish to have their future disputes resolved by arbitration in the arbitration agreement, in which the governing law, the language to be used and the legal place of arbitration are also decided. If the agreement is effective, the appointed court of arbitration obtains the jurisdiction, and at the same time, however, the related court loses the jurisdiction. This principle has obtained the approval of related international treaties and domestic laws.As we discussed above, on the matter of establishment of jurisdiction of...