Research On The Arbitrability Of International Commercial Disputes

International commercial arbitration is renewed as "common language" of transnational commercial contacts. With the development of the economy, arbitration system played a more and more important role in the transnational commercial contacts for its specific advantages. Arbitrability of disputes is the most basic premise of the arbitral agreements, procedures and the legality of arbitral verdicts. It is the first touchstone of attitudes which a country maintains as well. Therefore, researche on the arbitrability of international commercial disputes becomes important aspect and basic breakthrough point of the improvement of arbitration system, and it is of profound theoretical and practical significance.The article includes four parts:Part one starts with the conception of the arbitrability of international commercial dispute. On the basic of definiting the object of study, part one explains the profound theoretical and practical significance of the problem. Then the article points out the nomological basis of the arbitrability of international commercial disputes, introduces its legislative evolution. As for the international commercial arbitration jurisdiction, which often confused with the arbitrability of international commercial disputes, this part also gives some proper discriminates.Part two focuses on the influence factors and established standards of the arbitrability of international commercial disputes. First, the article points out that the influence factors of the arbitrability of international commercial disputes include the characteristic of arbitration, characteristic and development of the market economy, national conditions, public orders ,etc. Then it concludes the general criteria of defining the arbitrability of international commercial disputes. It believes that the basic important document of the arbitrability is property relation, the important document of subject is equality, the necessary condition is that parties have the rights to dispose the property.Faced with the constant expanding trend of the scope of international commercial disputes, part three points out that, at present, countries are broadening the confines of the arbitrability. It suggests that the gradual expansion of the scope of international commercial arbitration is more evident in the domains of the special international commercial disputes which include security, bankruptcy, unfair competition,etc. After that, the article analyses the causes of the expanding trends, looks forward to the influence and challenge which the expanding trends may bring.Finally, part four combines the conclusion with the related rules of our country, studies the current Chinese legislations of the arbitrability of international commercial disputes, and proposes some suggestions for the perfection of related ligislations in China. The article suggests that, we must combine the state regulation with the arbitral autonomy, international trends and national conditions. Only in this way can we boost the growth of the international commercial arbitration as well as the international trade in our country.