Research Challenge To Jurisdiciton Power Over International Commericial Arbitration

The jurisdiction power over International Commercial Arbitration is the basis and preconditon of International Commercial Arbitration . The arbitration court has no legal authority to try cases concerning those without jurisdiction power over arbitration. With challenge on jurisdiction power over International Commercial Arbitration, The party ,to protecting his own interest, may have other access to solve disputes over International Commercial Affairs. Thus, the purpose of challenging to jurisdiction power over International Commercial Arbitration is to deny the jurisdiction power of arbitration courts. The great significance lies in the study of dissent on jurisdiction power is obvious, for it helps the arbitration courts in trying cases justly and fairly, and the parties solving disputes ecnomically and efficiently. Our legislation on arbitration,with its limited scope of work,has no restricted provisions on chanllenge to jurisdiction power over arbitration and has great discrepancy with the development of international legislations of arbitration. In practice, many parties feel puzzled with challenge to jurisdiction power over arbitration, some of them even abuse the power. All these could waste time and energy of the arbitration courts and judicial courts as well as both parties, which also do harm to judicial fairness and efficiency. After China's joining in WTO, our underdeveloped theory of chanllenge to jurisdiction power over arbitration and legislation is no doubt uncomparable to the complexity and diversity in development of international commercial arbitration, so it has been the most serious factor that restricts the development of the cause of China international commercial affaris. Based on the explanation of theory of chanllenge prevailing in other countries, the author focused on concrete cases counterpleaing jurisdiction power over arbitration. The author here stressed forward her opionions on improving challenge to China's jurisdiciton power over arbitration, taking into account also our country's relative legislation regarding jurisdiction power over Chinese International Commercial Arbitration.