Study On Arbitrability Of The Subject Matter Of Disputes

Arbitrability of the subject matter of disputes constitutes a basic in arbitration, from which the scope of arbitration acts as the vital part of arbitration as well as influences the quantity of accepted cases. Due to the profound theoretical foundation of arbitrability, we should not only focus on the folk nature, but shall also pay attention to the relation of arbitrability and judiciary power, from which we can see the limited transfer from judiciary power to folk. During this phase, different standards are applied, such as reconcilement,commercial,property right and the public policies are also introduced to control the power according to the change of reality.Since 1960's, the system of arbitration has been embracing good opportunities for development, and arbitrability of the subject matter of disputes are expanding in the whole world.On the basis of Legislation and reality, this thesis tries to analyze the standards of judgment of arbitrability with reference of the related laws of other countries. The focus is on this system of our country.The thesis is divided into 4 parts, the details as follows:Part1 is the analysis on the arbitrability of the subject matter of disputes. With emphasis on the nature of arbitration after the related concepts, the argument is made that the purpose of disclosing arbitrability of the subject matter of dispute originates from relative juridical and folk nature. And public policy should be another reason of arbitrability of the subject matter of disputes.In part2 and part3, the trend of expansion is analyzed from the angle of judgment standards of arbitrability of the subject matter of disputes and the development of legislation and reality of other nations, especially with the consideration of American practice, as the background of reformation in this area of china.In part4 the author focuses on the current legislation of china, discusses the principle approaches to adjust our law. At the meantime, the author pays attention to the specific disputes ,such as tort,security,antitrust,intellectual property and bankruptcy.