On Effect Of Civil And Commercial Arbitration Agreement In Our Country

Since the 20th century when we set up civil and commercial arbitratesystem, especially when the new china was set up, foreign related civil andcommercial arbitrate and domestic civil and commercial arbitrate systemhave developed. Meanwhile, we also realize that, up to now, our arbitratesystem is still underdevelopment and there is still a large distance betweenpeople's expectation and international tradition of civil and commercialarbitrate. The reason is that the legislation is very simple and stiff. It isurgent that we should improve the arbitrate law.The content of arbitrate law is various. These papers only discuss theforce of civil and commercial arbitration. Arbitration agreement is the basisof civil and commercial arbitration system and the precondition of theexistence of arbitration. The force of arbitration agreement is the mostimportant and the core of civil and commercial arbitration system. Onlyeffective arbitration agreement can be the resource of arbitration powerand can insure that arbitration procedure can proceed fluently andarbitration judgment can be put teeth in. However, our arbitration law is sogeneral on the force of arbitration agreement and it even cannot be consistwith the international tradition and has many problems both on theory andin practice. Revising and improvement of force of arbitration agreement isan important aspect of revising our current arbitration law.The object of this paper is effect of our civil and commercial arbitration agreement. So the scale of study is limited to our civil andcommercial arbitration system, including domestic civil and commercialarbitration and foreign related civil and commercial arbitration whichhappens in the field of our country, which is the same to the adaptationscale of our arbitration law. This paper concludes that the essence of civiland commercial arbitration agreement is contract by analyzing the legalnature of civil and commercial arbitration agreement. On the basis of thisand under the guidance of own will, this paper studies the relativeproblems comparatively, such as the principle of civil and commercialarbitration agreement, the representation and cognizance of force ofarbitration agreement, theeffective condition of arbitration agreement, thetypes of arbitration agreement which lacks of effective condition and theremedy of it etc.. This paper hopes that some new theoretic fruit can beexplored.