Study On Competence/Competence In International Commercial Arbitration

With the rapid development of international trade,international commercial activities of the increasing emphasis on ease of dispute resolution,international commercial arbitration is precisely to meet the modern business the subject of this request,it promoted the doctrine that competence/competence of the theory of continuous development and improvement.In today's international commercial arbitration,most of Arbitration belonging to voluntary arbitration.Arbitration is a voluntary choice of the outcome of the parties,the arbitral tribunal the authority of the agreement from the parties.Theory of international commercial arbitration,the arbitration agreement which is the beginning of the arbitration proceedings and the necessary precondition,there is no arbitration agreement there will be no international commercial arbitration,the arbitral tribunal's jurisdiction to limit the scope of the agreement of the parties to submit the dispute to the scope of its decision.With this rule is voluntary arbitration results."No agreement,no arbitration," a valid arbitration agreement is to determine the sole basis for jurisdiction.Competence/Competence theory in international commercial arbitration is one of the important contents,the arbitral tribunal to exercise jurisdiction over the practice of this doctrine has been recognized by the overwhelming majority of countries.This article will systematically introduce the emergence of this theory development process, and the accurate definition,discussed with the other important element in the field of arbitration,namely,the independence of a mutually supportive relationship that between Separability theory and Competence/Competence theory is the smooth conduct of arbitration proceedings the key.Based on the arbitration rules of international arbitration institutions and foreign arbitration legislation and practice to introduce the situation, such as the "UNCITRAL Model Law","ICSID Convention" and other international legislation,to reveal its Competence/Competence theory provides that respect.Partâ…¤of the article introduced in detail China's arbitration legislation and practice problems,and put forward several suggestions.China's "Arbitration Law" and the Supreme Court are the judicial interpretation of the Arbitration Commission established jurisdiction doctrine,which is internationally accepted theory of the Competence/Competence of the arbitral tribunal differences;In addition,some scholars believe that China's courts to intervene in arbitration proceedings over.How a correct view of this difference,and to fill the gap in order to comply with the development trend of international commercial arbitration,the arbitration body to increase China's influence in the international community,the international commercial activities to attract more clients more willing to opt for arbitration institutions in China to resolve their commercial disputes,improve their international competitiveness.