The Law Apply Of The International Company Matter Arbitration

The law applying problem in the international company matter arbitration, having become international society widely concerning the problem, is also the subject of the field of theories. Mainly aim at the ascertainment of precise proof law of arbitrating protocol, the entity law of international company matter arbitration, the procedure law of the international company matter arbitration and the rules and critiques concerning company the matter arbitration in China with analysis, giving my own standpoint and opinions.Among them, precise proof law of arbitrating protocol with relative independent is often singly studied and out of the range of law apply of international company matter arbitration.In fact, law apply of international company matter arbitration directly affect the effect of the arbitrating protocol, and relate to the arbitral jurisdiction, so it company the matter arbitration .The ascertainment of entity law of the international company matter arbitration is the core part of the law apply of international company the matter arbitration. It is more complicate compared with the choice and apply of the entity law of the local court. Mainly show:in the international company matter arbitration , the conflict norm is not only basis of the certain controversy to entity law; moderator generally resolve" second class confliction" in the arbitrament, namely the choice and apply the problem of the rule of conflict law;If the personconcerned clearly chooses to the entity law of the international company matter arbitration, the arbitrational court will apply the law choiced by the person concerned, before the person concerned make the law choice, the arbitrational court generally apply to the law selected by the person concerned .when the person concerned has not select the law , the arbitrational court generally apply conflict rule of arbitrational country and the conflict rule of the moderator's country or the appropriate conflict rule etc. To make sure the arbitrational applied entity law;In addition.moderator may not cite other conflict rule,and directly apply entity law that he think appropriatable.The laws that procedure items apply the international company matter arbitrates include the arbitrate procedure law and the arbitrament rule.The former usually expresses the single arbitrament law, or within the procedure law such as civil procedures law.The latter is procedure rule followed by arbitrament organizationaccording to the arbitrates legal of its country concerning how to carry on arbitrate, the abitrational court during solve the international company matter controversy, can apply different law system with the procedure and entity aspect.But the concrete rule of all countries is entirely different, it show that the international company matter arbitrates has the procedure independence.The promulgation of (( the People's Republic of China arbitrates the method )) on August 31 in 1994 is a milestone in the developing history of our country arbitration. It symbolizes birth of the company's naissance law system that suit to request of market economy system, basicly match that the nations do the way.For nearly 20 years the international arbitrament of our country contains substantial development, but compared with the flourishing nation, it is still not perfect.But though continuously absorbe and draw the lessons from the advanced experience, the arbitrate system of our country concerning foreign affairs will be gradual maturity.