Comparative Study Of The Validity Of International Commercial Arbitration Agreement

With the constant development of the international economic association, arbitration already develops into the main means to solve international commercial disputes gradually, because 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. An international commercial arbitration agreement is the Precondition and basis for international commercial arbitration,and the agreement must include valid arbitration terms. If not,the arbitration should be invalid. A legal and valid agreement is both the basis for the jurisdiction and insurance that the arbitration verdict can be acknowledged and enforced. Therefore,the research on the validity of the arbitration agreement is a prime problem for the international commercial arbitration.In this thesis paper, the author will mainly focus on some important aspects, which are closely related to the validity of international commercial arbitration agreement, such as the concept of the international arbitration agreement, the substantial and procedural condition of the effective commercial arbitration agreement, and the extension of the validity of commercial arbitration agreement to non-signatories etc.. 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 economy and social development of our country.This thesis includes four chapters.Part 1 introduces the essence of international commercial arbitration agreement. Considering the concept and legal significance of international commercial arbitration agreement, the author mainly analyses the four legal characters of international commercial arbitration agreement, points out the popular presentation of international commercial arbitration agreement in the world, based on the understanding to the essential characters of international commercial arbitration agreement, manages to explain the evolvement of validity of the arbitration agreement.Part 2 introduces all the formal and substantial conditions for the international commercial arbitration. From the international commercial arbitrational attitudes to the arbitration agreement, both the formal and substantial conditions get to be loose gradually. Compare to the condition of arbitration agreement in our country and others, other countries do not demand the arbitration agreement should be "on paper" any longer, however gradually accept the validity of oral or default arbitration agreement, the arbitrational items extend as well. But in our country, the conditions of arbitration agreement are still strictly confined, consisting of "the definite arbitration committee" should be one of the substantial conditions is outdated, the range of arbitrational items is narrow too, and need to expand.Part 3 introduces the validity of the flawed international commercial arbitration agreement. By way of introducing several conventional presentation and confirmation of international commercial arbitration agreement in the world, we can find out that other countries currently admit the validity of the flawed arbitration agreement if the litigants have common arbitration willingness. In our country, however, the confirmation of flawed arbitration agreement is too strict, and need to be modified.Part 4 introduces the questions about the validity expansion of international commercial arbitration agreement .First, find out the reason of the validity expansion of international commercial arbitration agreement in theory, and conclude three theoretical bases. Second, explicate four situations of the expansion of validity. Finally, based on the study of the relevant domestic regulations, bring forward some suggestions of modification and promotion.