The Research Of The Challenge Of Jurisdiction In International Commercial Arbitration Under Multiple Visual Field

Along with the trend of more and more complex interchanges in the world economy, the international commercial arbitration (ICA) has already become an important means in dealing with the international commercial disputes. As the premise of the ICA, the challenge of jurisdiction in ICA arises more and more interest among the theoretical study.Using the comparison and analysis method in this essay, and for the purpose of boosting the development of arbitration in our country, the author, combining other countries'legislation practice and the rules of the main international arbitration pacts, illustrates the institutions and judgments dealing with the challenge of jurisdiction in ICA. Upon the analysis, the author concludes the weak points on the present rules of challenge of jurisdiction in ICA in our country, and tries to prescribe remedies.The 1st chapter defines the terms relating to the challenge of jurisdiction in ICA. Then in the 2nd chapter deals with the question of to whom the final judgment belongs. Starting from the competence-competence principle, the author, after outlining the history, makes clear her thoughts. It goes as the following: A, the basis that the arbitration court to exercises its ruling over the challenge in ICA is that, by preliminary or artificial check, the validity of the arbitration contract being justified; B, the arbitration court decides whether the dispute is within its jurisdiction; C, the decision making of the arbitration court on the challenge of jurisdiction in ICA is limited. According to this principle, the author analyses the duties of the courts, the arbitration institutes, and the arbitration courts in dealing with the challenge of jurisdiction in ICA. And also analyses the mediation of the disputes of interest among these bodies in line with the different international practices. Then the author demonstrates the character of these different bodies in dealing with the dispute in ICA in detail.Starting from the aspects that should be taken into consideration by a judge before making a decision in the dispute in ICA, the author analyses in the 3rd chapter the common questions in the ruling, including the time limit of rising the challenge of jurisdiction in ICA, and the form of the ruling, for the purpose of paving the way for the 4th chapter. In the 3rd part of this chapter, combining with numerous cases, the author categorizes and studies the common reasoning of the rulings. By analyzing the following three aspects: (1)the rulings on the challenges of the validity of the contract, or (2)whether the case is within the limit of the specific body 's jurisdiction, or (3)whether the dispute is subject to the arbitration, the author gives a further detailed illustration.The 4th chapter, in line with the former 3 chapters, summarizes the present problems of our country in dealing with disputes in ICA. Starting from whether the competence-competence theory has been accepted in our country, the author analyses the two different views, then concludes the due characters of the court, the arbitration institutes and the arbitration court, and the principle in dealing with the dispute. The 2nd part of the chapter deals with the problems in ruling of the challenge of jurisdiction in ICA in our country, including both procedural and essential problems. On the basis of the previous illustration, the author puts forwards her suggestion for our legislation.The conclusion part summarizes the author's suggestions and different viewpoints discussed in the essay, and gives the conclusion on the theme.The innovative points in the essay are that it summarizes the meaning of the competence-competence principle, and gives the legislation suggestion on the basis of arbitration practice in our country.