On Arbitrability Of Disputes

Along with the development of the international economy ,the economical intercourses among the countries has been becoming very frequent.In this background,the Arbitration has been recognized and regarded by the whole international society as a very important mechanism for disputes resovling out of the litigation.Well-known to us, arbitrationhas the advantages of self-determined,professional,confidential, jurisdiction assured,and swift ,convenient for executing,and so on.which satisfies the parties'willness for arbitration farthest,at the sametime it accords with the value aim of economy and efficiency of the society.So,arbitration is a very important mechanism which safeguards the efficient and less-cost operation of the market economy.The issue of"arbitrability"is a very important conception in arbitration,which means the country limits the confination of arbitionable disputes and excludes the disputes that is deemed to be disarbitratable by a country for some reasons. Just along with the fast and unprecedented development of international society and economy, Sustaining arbitration and weakening intervention of litigation has been recognized by the international society.The paper is written begin from the nomology and the theory foundation of arbitration,compareing the international countries'legislations,and discussing the Arbitrability of some kinds of new disputes.Aiming to conclude the current of the international commercial arbitration development,and study the standards of the legislation on arbitrability of disputes to give some effective suggestions about the legislation of our country about arbitrability.The paper is divided into five chapters.The details as follows:Chapter1:The summarization of arbitrability. The question discussion begins from the basic principle of arbitration mechanism,and goes to the nomology basis of arbitrability.The theory is the basis of the practice,which is the foundation of the following discussions of this paper.Chapter2:The study of legislation on arbitrability of some representative countries and the comparing resesrch. Concludding the legislative standards used by the foreign countries.At last concluding the current of the international commercial arbitration development.The intention is the value for reference to our country.Chapter 3:Establishing the standards of arbitrability.This chapter is divided into two parts:the first is the analysis of the factors effecting arbitrability;The second is establishing the standards of arbitrability.Chapter4:Regulation and perfection of legislations about arbitrability of disputes in our country. First,combining and comparing the practices of abroad and of our country,At last, make some simple coments on it .The conclusion: give some effectiv suggestions about the legislation of our country about arbitrability.Especially in the background of our country entering WTO,the study and improvement to our legislation is very important.