On The System Of Arbitration Agreements

Arbitration agreement is a core in arbitration law system. It is also the basic problem in arbitration law research. The purpose of this article is to improve our understandings of arbitration agreement and to perfect the theory of Chinese arbitration law. Through the article, the author want set up a new vision on arbitration agreement's validity to reduce or avoid the occurrences of invalid arbitration agreements. The author think, to perfect arbitration agreement system will result in the progress both on social efficiency and course of ruling by law. The whole article included 4 parts. The first part mainly tells us the purpose and methods of research. The second part includes arbitration agreement's concept, classifying, forms, contents, properties, characteristics, significances and the regulations of Chinese arbitration law. Through analysis this part concluded the contract property of arbitration agreement in both civil substantiality laws and civil procedure laws. Such conclusion provides the basic theory for the research of validity of arbitration agreement. Other theories like arbitration agreement's independence and classification on arbitration clause and solo-arbitration contract also supported the perfecting of arbitration agreement. The third part mainly studied the validity of arbitration agreement. Firstly, it discussed the different effective conditions of arbitration agreement in forms, civil substantiality laws and civil procedure laws. At the same time, the article compared the complete valid arbitration agreement with invalid arbitration agreement. After that, the author discovered the comparatively valid arbitration agreement. The comparatively valid arbitration agreement satisfied the lowest legal requirements for arbitration agreement, but have some flaws that affect arbitration agreement's validity. The concept of comparatively valid arbitration agreement supports the research of arbitration agreement's perfecting in following part. At the end of the third part, the article drew the validity model of arbitration agreement. The last part discussed the comparatively valid arbitration agreement's perfecting. After the introduction of its definition, perfecting principles and ways, the article provided the perfecting methods for comparatively valid arbitration agreement. This part played an important role in directing legal practice on arbitration agreements? validating. A series of theory creativity is one of character of this essay. In classification on arbitration agreement, the article discovered the counter-quality of arbitration agreement's independence. The comparatively valid arbitration agreement is another founding of the essay. It improved our understandings on arbitration agreement. The new theory of perfecting for comparatively valid arbitration agreement is undoubtedly the paper's contribution to realize people's arbitration intentions, promote the chances of arbitration agreement's taking effective and to avoid differences on arbitration agreement validating.