International Commercial Disputes Arbitration Research

The arbitrability of the international commercial dispute is afundamental category of international commercial arbitration. According tothe law of a given state, whether a kind of international commercial disputescan be arbitrated not only relates to the way as well as the effect of theresolution of disputes, but also reflects to a great extent the general attitudeof a state towards the system of international commercial arbitration, andshows the public policy of a country as well. Generally speaking, thosestates with a relatively developed arbitration system tend to enlarge as muchas possible the scope of international commercial arbitration. They apply thelooser standards to the evaluation of the arbitrability of certain internationalcommercial dispute as reducing the limit of public policy to the minimumlevel, which brings into the realm of international commercial arbitration themajority of the international civil and commercial disputes. This way, thealternative function of international commercial arbitration has been fullyrealized, which in turn has promoted the development of international trade.By contrast, some other states usually adopt a stricter criterion for determinethe arbitrability of international commercial disputes, especially in thedomain of special international commercial disputes in which the legislationrelated lacks of explicit regulations to affirm their arbitrability and thejudicial practice is comparatively reserved, which reveals the lingering of thefetter of public policy and the traditional hostility towards the arbitration.Such an international inconsistency of the arbitrability of internationalcommercial disputes increases the instability of the effect of resolution ofthese disputes and harms the development of international commercialarbitration. Based on the analysis of the connotation of the arbitrability ofinternational commercial disputes, this article compares the representativelegislations for a generalized description and conclusion of the status quo ofthe scope of international commercial arbitration, and then explores thefuture of this issue by aid of the characteristics extracted from the processabove, which the article applies to the related regime of China to enhance...