International Commercial Arbitration And Jurisdiction

Centering on the jurisdiction of the international commercialarbitration, the thesis analyzes the definition of the internationalcommercial arbitration, the basis of the jurisdiction of the internationalcommercial arbitrition and challenges and pleas to the jurisdiction ofthe international commercial arbitration.The thesis consists of four chapts.Chapt I , the definition of the jurisdiction of the internationalcommercial arbitration. The author introduces the concept of thejurisdiction of the international commercial arbitration, and emphaticallyanalyzes the conflict between the jurisdiction of the arbitrial tribunal andthe jurisdiction of the court.Chapt II, the basis of the jurisdiction of the internationalcommercial arbitrition. The inner basis is the arbitration agreement,which is the foundation stone of the jurisdiction. The author analyzesthe form and contents of arbitration agreement, pointing out that loweringthe requiring of the form of arbitration agreement is the trend. The authoralso discusses the arbitrability, arbitrtion places and arbitrationinstitutions. The separability of the arbitration clause has great influenceon the jurisdiction . According to the principle, the arbitration clause is aspecial clause in a contract, it is still valid when the main contractvoids, changes, removes and terminates. One of the outer basis of thejurisdiction of the international commercial arbitrition is the arbitrabilityof the subject-matter. Actually , arbitrability is a kind of restriction of thearbitrition scope enforced by the country. The scope of acceptance ofarbitration institutions is another outer base of the jurisdiction.Chapt III, challenges and pleas to the jurisdiction of theinternational commercial arbitration. In this part the author introduces thepopular principle of competence-competence. There are differentopinions about the contents of the principle, the author thinks that theintegrate contents should include three parts: the arbitrial tribunal mayrule on its own jurisdiction;the court has limited jurisdiction over thearbitrial tribunal jurisdiction controversy;and the court has authority ofjudicial supervision on jurisdiction awards made by the arbitrial tribunal.Chapt IV, the improvement of China's regulations of thejurisdiction of the international commercial arbitration . The authoranalyzes some problems of jurisdiction of the international commercialarbitration and puts forward some suggestions for improvement ofChina's regulations of jurisdiction of the international commercialarbitration, which include establishing ad hoc arbitration, enlarging thescope of arbitrability and accepting principle of competence-competence.The author introduces a lot about the legislation and practice oninternational commercial arbitration in the world. The author thinks thatto support arbitration, to enlarge the scope of the jurisdiction reasonablyand to make arbitration awards effective are the trends of thedevelopment of the international commercial arbitration. China's relatedlegislation and practice should follow the trends and amend thedrawbacks in order to play an important part in the internationalcommercial arbitration in the world.