Analysis Of The Elements Of Arbitrational Agreement

As an agreement in which the two parties agree to submit the disputes between them to arbitrator and the origin of the arbitrator's judging power, arbitrational agreement has always been an important issue concerning the arbitrational system. Elements of the arbitrational agreement also have been hot-discussed issue in the academic field, because of the decisive role it played in the effectiveness of the arbitrational agreement. Furthermore, as arbitration is being broadly applied and the number of cases settled by arbitration keeps growing, study on the arbitrational agreement elements is drawing more and more academicians' attention. However, it is too early to say that our study of the arbitrational agreement elements is close to perfection. As a result, some regulations on arbitrational agreement elements need to be changed, because some of them go against the value and basic principles of arbitration system.The establishment of China's modern commercial arbitrational system has not been long. Almost ten years ago, we just turned our arbitrational system from an administrative model to commercial one. So our research on arbitrational agreement is deficient. Thus, some limitation of the arbitrational system is hard to avoid and some regulations on the arbitrational agreement elements are irrational. But, as arbitrational agreement elements are crucial for the effectiveness of arbitrational agreement. And arbitrational agreement is so indispensable for commence and proceeding of the arbitration and for the court's supervision over and the execution of the arbitral decision that we should take arbitrational agreement as the foundation stone of the whole arbitrational system. Thus, no matter seen from a practical or an academic view, analysis of the elements is of great significance.Following the thread of arbitrational agreement elements, in this paper, we discussed, analyzed the modal and substantial elements of arbitrational agreement and we further specified the elements that impact the effectiveness of arbitrational agreement. Furthermore, based on the analysis, we tried to propose some suggestions to improve regulations on China's arbitrational system and arbitrational agreement elements.