On The Expansion Of The Effectiveness Of The Arbitration Agreement

Though in the modern country under the role of law,the litigation from the country' power becomes the most widespread way to solve disputes.But,because of the blemish of structure and function of the litigation,it can not become the only way which can exclude others. Particularly along with the development of the economy and the society, the dispute of various types increases continuously,"litigation explosion" has already become a kind of widespread and existent phenomenon in judicial fulfillment in almost all countries.At the same time,arbitration which is more inexpensive and flexible is increasingly subjected to people's favor.Under the background that thus,the principle of support arbitration is continuously accepted by international community.With this corresponds, arbitrating system is also in continuous reform and development.Content appears under some circumstances,the validity of the arbitration agreements can be extended to the unsigned third person.For elaborating this issue,this text begins from introducing the fulfillment at home and abroad that validity of the arbitration agreements can be extended to the unsigned third person at home and abroad,and then analyzing theories foundation,finally inquiry into our country judicatory practice in existent of the situations that the arbitration agreements' effect extend.In addition to foreword and conclusion,this text is divided into four parts:Chapter 1 states overview of the validity of arbitration agreements extending to a third person.Mainly include the contents of both sides: defining the scope of the validity of arbitration agreements extending to a third person,and giving the concept and the characteristics,then, introducing the fulfillment at home and abroad of issue.Chapter 2 tells the legal basis and policy consideration of the extension of validity of arbitration agreements.Because arbitration agreement has the property of entity law and procedure law,so this basis includes both the theories of entity law and the aegis from procedure law.Chapter 3 is the summary of the situations under which the validity of arbitration agreement extends to third person in our country.And analysis under the various different conditions,the validity of arbitration agreement extends what if.Chapter 4 talks about the relieves to the third person who should be abided by the arbitration agreement.This chapter,combining existing relieve system which the writer tries to perfect,designs a relieve system which can protect the right of the third person across-the-aboard.