On The Independence Of The Arbitration Agreement

Arbitration agreement demonstrates the parties are voluntary to take advantage of the mode of arbitration to settle their disputer(or differences) and is the basis of process of arbitration. In the whole arbitration mechanism, whether the International Commercial Arbitration or general national(domestic) arbitration, the arbitration agreement is crucially center-positioned and is the cornerstone of such mechanism. Arbitration agreement is the important role through its effectiveness in the achievement and reflected in the principles of independence and the effectiveness of the arbitration agreement that played an important role, it can be said that the arbitration system is the top priority.The article is on the Separability of Arbitration Agreement. Exerting the historical method, combining the concerning regulations and practices of China about the separability of arbitration agreement, I ran down and analyzed the conception, establishment, development and the theoretic foundations of the separability of arbitration agreement, then appraised and analyzed the concerning regulations and practices of China about the separability of arbitration agreement. On this foundation, I put forward some suggestions about the application of the separability doctrine in the arbitral practices.Besides the preface and the conclusion, the paper is divided into four chapters.ChapterⅠis about the outline of the separability of arbitration agreement. In this chapter, I ran down the conception, establishment and development of the separability of arbitration agreement. Analyzing the historical development of the separability of arbitration agreement, I pointed its conceptions and contents.ChapterⅡis on the theoretic foundations of the separability of arbitration agreement.In the chapter, I analyzed the function of the arbitration agreement and pointed the necessity of the separability doctrine. Then comparing the arbitration agreement and the other clauses in the contract, I expatiated the feasibility of the separability doctrine. Finally I studied the system value of Arbitration, the doctrine of respecting clients'aspiration and the legal economics ,and expounded and proved the reasonability of the separability doctrine.ChapterⅢis to appraise and analyze the concerning regulations and practices of...