On The Choice Of Foreign - Related Civil And Commercial Disputes Resolution Court Agreement

Civil and commercial relations between countries, companies and individuals have increased enormously throughout the century. There has furthermore been a development of the common approach used in the settlement of disputes arising from the relations. When a dispute between parties cannot be solved amicably, the parties are dependent on a well functioning legal system. In international commercial life, forum selection agreement is the most frequent and best system to solve legal disputes. In its wide sense, forum selection includes all contractual choices of a binding mechanism to adjudicate present or potential disputes, whether by granting jurisdiction to court of justice or to court of arbitration. Forum selection agreement can create, allocate or limit judicial and arbitral power in crossborder civil and commercial controversies. To enhance both efficiency and fairness in international relationships, such agreement direct litigation to particular tribunals, thereby reducing the risk that one side or the other will take unfair advantage of the uncertainties inherent in transactions with a foreign element. This thesis deals mainly with the topics as follow: What kinds of forum selection agreements are respected and fulfilled? what are the effective forms of the selection agreement? Can forum selection agreements be binding on third party ? What are the types of disputes which may be capable of settlement by forum selection? Can parties select two courts in a selection agreement? Can the forum selection clause be valid on the condition that the contract to which it belongs is invalid? Which law should govern selection agreements? This thesis gives an interesting overview of the existing systems, especially focusing on the Chinese system. It also presents valuable comments for changes of the present systems in order to make them more efficient. Zhang Limin Directed by professor Chen Lihu...