On The Identification Of The Effectiveness Of International Commercial Arbitration Agreements

With the constant development of the international economic association, arbitration already develops into the main means to solve international commercial disputes gradually. The international arbitral agreement of commercial affairs is prerequisite of international commercial arbitration.The international arbitral agreement of commercial affairs is one kind of written agreement which will is arbitrated by arbitration courts when the international commercial dispute occurs. If an international arbitral agreement of commercial affairs is illegal, international commercial arbitration does not exist; A legal commercial: arbitral agreement is the basis that the arbitration court exercises jurisdiction, and legal foundation which the arbitral award can carried out effectively.Because an international arbitral agreement of commercial affairs always includes a lot of different connection factors, thus it involves the laws of different countries. While disputing about the legitimacy of the arbitral agreement between both parties, the questions involved are that which subject have right to assert its legitimacy according to what principle and which law. Because the law of different countries is used to make explanations to an arbitral agreement, different conclusions will be drawed.The law application of the international arbitral agreement of commercial affairs is not only an important theoretical question, but also a problem that must be solved in the international commercial arbitration practice. We can say, the legal problem of solving the arbitral agreement is the central issue of law application of the international arbitral agreement of commercial affairs.According to the traditional theory and practice, the court is the only subject that have right to assert the legitimacy of the arbitral agreement But with the prevalence of the doctrine of competence and competence, and it is being accepted by various countries. Nowadays acknowledged generally, the court and arbitration court both have the right to assert the legitimacy of the arbitral agreement in the world. But the method of our country is different from method of other countries in the world.