Study On Validity Of International Commercial Arbitration

The agreement and achievement of commercial transactions have been faster and faster from 1980s. On the contrary, it takes the parties involved the transactions more money and time to solve transaction disputes. This cost is not negligible for the parties involved the transactions. How to resolve such disputes is an important problem to the parties involved the transactions. Compared to the litigation, commercial arbitration has its advantages that it offers the party great autonomy for resolving disputes; it provides the more efficient processes of judgment and enforcement. The commercial arbitration has been the mostly used instrumentality for resolving disputes arising out of the international commercial transactions. Resolving disputes by arbitration is established on the basis of the validity of the arbitration agreement, so it has great significance to do some research on the validity of commercial arbitration agreement.In this thesis paper, the author will mainly focus on the effectiveness of commercial arbitration agreement, analyses the theories and practice which are closely related to the substantial and procedural condition of the effective commercial arbitration agreement, and the extension of the validity of commercial arbitration agreement to non-signatories. According to the study on the relative theories and practice of the commercial arbitration, the paper demonstrate that the modern tendency of commercial arbitration system is going to extend the parties autonomy with justifiable limits, and to achieve the desire for arbitration of the parties by adopting more flexible measures. Also this paper focuses on the discovery of the characteristics, existing problems of international commercial arbitration agreement system in China. The main goal of the study is to improve arbitration agreement system in china so as that it can provide a more efficient service to the economic and social development of our country.