Identification Of The Effectiveness Of International Commercial Arbitration Agreements

An international commercial arbitration agreement is the precondition and basis for international commercial arbitration, and the agreement must include valid arbitration terms. If not, the arbitration should be invalid. A legal and valid agreement is both the basis for the jurisdiction and insurance that the arbitration verdict can be acknowledged and enforced .Therefore, the confirmation to validity is a prime problem for the international commercial arbitration.In this paper, the valid prerequsites for the international commercial arbitration, the path for confirming the validity of the arbitration agreement and how to confirm the validity are all discussed completely and systematically .The author tries to find some questions and deficiencies and submit some opinions of his own about the improvement and amendment of the Arbitration Law of PRC through comparing studies on Chinese and international commercial arbitration.Part 1 in this paper introduces all the formal and substantial conditions for the international commercial arbitration. From the international commercial arbitrators' attitudes to the arbitration agreement, both the formal and substantial conditions get to be loose gradually, which is necessary and beneficial for the fast development of international commercial actions.Part 2 in this paper analyzes the specific ways for confirming the validity of arbitration agreement. It is quite reasonable for the arbitral tribunal to confirm the validity of arbitration agreement ,which is much practiced in most countries .In the course of confirming the validity of arbitration agreement , we should follow three principles: 1,give respect to the concerned parties' will 2,to be valid as often as possible 3,the closest relation ,and utilize the law which the concerned parties choose and is valid for the arbitration agreement, making sure that the concerned parties" intention can be realized .Part 3 in this paper explores the problem of validity of arbitration agreement in some special cases. In the background ofarbitration being encouraged , the scope of validity of arbitration agreement is being enlarged continuously. The independence for the validity of arbitration agreement still makes the agreement valid in case that the contract is valid or even doesn't exist . As for those uncertain arbitration agreements, it should be valid so long as it is beneficial. Arbitrating through internet is a new resolution for disputes, which should also be formulated in law.