Research On The Validity Of International Commercial Arbitration Agreement On Unsigned Parties

At present, International arbitration has become the established method of determining international commercial disputes. Although modern arbitration has lost its simplification and has become complex, legalized and organized all over the world, yet at its core, international commercial arbitration remains much as it always was. The intention of the parties is still the most important characteristic in arbitration. It is a well established way to respect the intention of the parties to arbitration and enforce the arbitration agreement in the world wide. It is also a well established rule that an arbitration agreement should be in writing which has been accepted by international convention, national legislation and judicial practice. So we can reason out that if one party has not signed an arbitration agreement, the party should not be bound by the arbitration agreement. However social economic life is complicated, the requirement of the parties in arbitral proceedings should be in strict conform with the parties who have signed the arbitration agreement may make it very difficult to settle the practical issues. If we give a wide interpretation to the arbitration agreement departing from the point of view that encouraging the development of arbitration and protecting the benefits of the parties, an arbitration agreement should be valid on the unsigned parties.This paper is consisted of four chapters, the first chapter is the form obstacle and proceeding obstacle to an arbitration agreement, this paper gives a brief introduction to the writing form and proceeding justice in this part, Consequently, it contribute to relieve the obstacle to an arbitration agreement. The second chapter is about the arbitration theory obstacle to an arbitration agreement. this paper analyzes the separability doctrine of arbitration agreement and stresses on whether the separability doctrine of arbitration agreement can be an obstacle to arbitration agreement. The third chapter is about the validity of an arbitration agreement on the assignee of a contract. In this chapter the author makes a comparative study on the theory and practice which is related to the validity of an arbitration agreement on the assignee of a contract and thinks it is necessary to accept the rule of automatic transferring. The last but not least, the paper deals with the validity of an arbitration agreement on unsigned parties in some special situations and makes a critical comment on the China's legislative system...