Commercial Arbitration Objection To Jurisdiction Issues Research

Arbitration, as an important system to solve international commercial disputes besides lawsuits, has a long history. With the development of international trade, many countries have universally taken arbitration as a major way to solve the disputes of international trade. A lot of countries make and revise arbitration law in succession, and establish permanent institutions to accept or deal with commercial arbitration cases.Compared with lawsuit, arbitration has the characteristic of being neutral, autonomous, authoritative, specialized, flexible , confidential and so on. Since arbitration has so much convenience ,plus the litigants have distrustful attitude towards the fairness of other countries' courts, thus the parties involved in the disputes, especially commercial disputes, are becoming more willing to take the way of arbitration when they turn to the third party for solving the disputes. Arbitration is also one of the major ways to solve international trade disputes in our country. China signed the Treaty of Admitting and Performing Foreign Arbitration Adjudication on December 4th, 1986. This marked China began to take the international and united way in international commercial arbitration. But we should also notice that there is still a certain distance between China's present arbitration system and the established international and modern objective and there are still quite a few problems in theory and practice.This article mainly talks about three aspects, that is:first,about the problem of the time limit of raising commercial arbitration jurisdiction challenge. By the comparison of some countries' arbitration law and arbitration rule,this article thinks that any party wanting to rais one or more pleas concerning the jurisdiction should raise the plea not latter than the time file the answer; second,about the problem of the power ownership of commercial arbitration jurisdiction challenge.By the comparison of arbitral tribunal, arbitral committee and court being powerful organizations , this article thinks that the arbitral tribunal may rule on its own jurisdiction getting rid of the interference of court and arbitral committee; third,about the problem of the establishment of competence/competence principle.It discusses the origins of competence/competence principle and the significance of competence/competence principle,and our country should establish competence/competence principle. And at...