Matters In Dispute To Arbitration Laws Applicable Study

Arbitrability of the subject matter of a dispute is the precondition of a legal arbitration.Without the arbitratibility,the arbitrational contract will be ineffective and the arbitrament couldn't be accepted and executed. Whether the subject can be arbitrated is an uncertain answer,according to the different legislations on arbitrability in different countries.So in the international commercial arbitration,arbitrability must be nailed down.However there is no unit standard about applying law on the arbitrability. The paper will make some discusses on this issue as follow:PartⅠis the general introduction on the basic theory of the arbitrability. After the brief introduction of the arbitrability,it talks about the primary reasons why the arbitrability is occurred,on the basis of the character of the civil dispute and the character of the arbitration.Then discuss the important meaning of the arbitrability,which can make effect on the effective of the arbitrational contract,the jurisdiction of the arbitration and the legal award accepted by other countries.This part also talks about the different standards of legislation on arbitrability,according to the international and domestic legislations.Finally,it shows the extension of the arbitration has extended.PartⅡintroduces about the main elements affecting the application of law on arbitrability,which including the value of the international commercial arbitration,the duties of the arbitrators,the globalization and the requirements of the imperative laws.The value of the international commercial arbitration is the efficiency.In order to follow the value,we should make sure that the party autonomy principle be respected and the award can be accepted by other countries easily.The arbitrators put the duties that encouraging and protecting the basic principles and orders of international trade on their shoulders.So they should apply law more reasonable and flexible.Globalization requires us pay out attention not only to the Lex fori,but also to the legal rights recognized by other countries.To some extent,the arbitrator can choose the imperative law of other countries,even the "international order" or the basic international principles,avoiding the law decided by the parties. PartⅢtalks about the laws which applied to the arbitrability,including the international contracts,the law decided by the autonomy of will,the law connected with the disputes,the lex fori,the law from the country where the awards will be accepted and executed.Application of law should follow two standards:the law supporting the arbitratbility of the disputes should enjoy the priority;the jurisdiction of the arbitration will be reasonable if there are some law,(even only one law) supporting the arbitrability of the disputes.PartⅣgives the general introduction about our country's situation on this issue——there is no relevant legislation on applying law on the arbitrability, which should be changed.The legislation on the issue should be definite.And following the ideas that we should explore the extension of the arbitration, make progress of the arbitration,realize the value of it,respect the willing of arbitration,protect the order environment of international trade and realize the application of law flexibly.Thanks to the differences between the court and arbitration,the court,under the standards and principles talked above,may apply the Lex fori at the fist step,taking the basic interests of the country into the account.But it should follow the standard——the doctrine of the most significant relationship.