International Commercial Arbitration Autonomy

With the economic globalization, international commercial transactions advance and develop very quickly. Correspondingly the intemational commercial arbitration—the outcome of the commodity economy—as a settlement method of international commercial dispute, plays an increasing importance for its advantages. Accompanying the principle of the party autonomy accepted widely by different countries, the complement of major international commercial arbitration organizations' structure and function, and the expansion of the arbitration tribunal's power, the autonomy of international commercial arbitration increased. Concurrently, the court influences the international commercial arbitration's autonomy with two means: assistance and supervision. The system of international commercial arbitration in China—was founded in the initial stage of Chinese market economy—is facing the matter of innovation and complement now. All of these are the major points of this dissertation.The dissertation covers four chapters:Chapter l:The introduction of the four theories about the character of the international commercial arbitration and the analyses of the reasonability of the Autonomous theory are the main aim of this part. Although there is some defects in Autonomous theory, it reflects the basic effect of autonomous element in arbitration's development history and the arbitration's first aim: beneficial result.Chapter 2:This is the core part of this dissertation. The party autonomy, the structure and function of arbitration organization and the arbitration tribunal's power are the three key elements for the autonomy of international commercial arbitration. On the one hand, they act together to accelerate the autonomy's development, on the other hand, they affect each other to found the system of justice guaranty inside the international commercial arbitration.Chapter 3: The writer analyzes the court's effect to the autonomy of international commercial arbitration in this chapter. According to theArbitration Law of different countries and the practice of international commercial arbitration, the writer gets the conclusion: the court affect the autonomy through two means: assistance and supervision. In the writer's opinion: the composition of the international commercial arbitration's autonomy and the court's enforceability is an important element for the development of international commercial arbitration.Chapter 4:The analysis of the defection of Chinese Arbitration Law and CEETAC Arbitration Rule is the first aim of this part. Trie second aim is to present the advisement for how to remedy these defections. In one word, the system of Chinese international commercial arbitration shall reform quickly according to the requirement of the market economy.