Arbitration Agreement The Effectiveness Of The Expansion Of A Number Of Issues

With the international trend of supporting and encouraging arbitration, the position of arbitration during the process of civil and commercial disputes' resolution is being raised. The range of issues that can be arbitrated and the arbitrating subjects are extended. One extension of it appears under some circumstances, the validity of the arbitration agreements can be extended to the unsigned third person. This is an important as well as complicated subject during the development of arbitration system. Although this subject has became a fact and a trend, it lacks theoretical foundation and has practical obstacles. So we need to explore and explain it on the theoretical level. This dissertation starts with analyzing the alteration of the validity of arbitration agreements. It first generalizes the practice of the extension of the validity of arbitration agreements so as to show the different situations of the extension of the validity of arbitration agreements. On this basis, it puts emphasis on several substantative laws' theories supporting this issue and the inherent advantages of arbitration system and the international trend to support arbitration. Besides, this dissertation analyzes the legal obstacles of the extension of the validity of arbitration agreements, especially analyzes the breakthrough to these obstacles. At last, this dissertation analyzes the arbitration practice of China, evaluates the corresponding systems and raises an outline to make it perfect. This dissertation is composed of four chapters except foreword and conclusion. Chapter Ⅰ: The origin and the embodiment of the extension of the validity of arbitration agreements. This Chapter starts with analyzing the validity of the arbitration agreements to the question of the alteration of the validity of the arbitration agreements. It mainly introduces the international trends and different situations of the extension of the validity of the arbitration agreements such as the merger, separation and heritage of legal persons, assignment, liquidation and subrogate of contracts, proxy or fiduciary, and so on. It also concludes the practice of the extension of the validity of arbitration agreements. Chapter Ⅱ: Legal basis and policy consideration of the extension of the validity of arbitration agreements. In this chapter, the author mainly analyzes and discusses several substantative laws' theories of the extension of the validity of arbitration agreements, i.e. fair and reasonable expectation, promissory estoppel, disregard of corporate personality, automatic transformation of contracts. This chapter mainly analyzes the mechanism and logic of the rationality of the extension. This chapter also analyzes the inherent advantages of the arbitration and the influence of the arbitration-preferred trend to the extension of the validity of arbitration agreements. Chapter Ⅲ: The legal obstacles of the extension of the validity of arbitration agreements and the breakthrough of it. This chapter mainly introduces some legal obstacles for the extension of validity of arbitration agreements, such as privities of contracts, requests for written arbitration agreements, autonomy of the arbitration agreements, arbitration entanglement, etc. Then it introduces and analyzes some issues such as the theory of third party beneficiary contract, interpretation for the extension of written forms, arbitrating supervision system, etc. From this introduction and analysis, this chapter discloses the systematic insurance for the extension of arbitration agreements' breakthrough of the traditional theories. Chapter Ⅳ: The practices of the extension of the validity of arbitration agreements and the perfection of relevant systems of China. In this chapter, the author first introduces the practices of the extension of the validity of arbitration agreements in China, analyzes the serious formulation to arbitration agreements and the problems of imperfections of the arbitrating supervision. Then the author discusses we should take a granting attitude to the validity of arbit...