The Effectiveness Of The Arbitration Agreement To The Expansion Of The Legal And Empirical Research

As to jurisdiction of arbitral tribunal over quarreling parties and arbitral claims,whether the arbitration agreement has binding effect over both parties shall be the premise of exercising jurisdiction.As is well-known to all,only the parties of the arbitration agreement or the signatory of the agreement should be deemed to be the eligible parties to attend the arbitration procedure.The traditional effect of arbitration agreement bases on the theory of contract,so that theories like parties' autonomy are the criteria of the effect of arbitration agreement.With the extensive and complex development of modern commerce makes the transaction open and relevant,arbitration,one of the settlements of commercial disputes,is promoting among the changeable law environment. One extension of it appears under some circumstances,the validity of the arbitration agreements can be dilate to the unsigned third person.This thesis analyzes the dilatation of the validity of arbitration agreements.It first generalizes the practice of the dilatation of the validity of arbitration agreements and puts emphasis on several sustentative legal theories supporting this issue.Besides,this thesis analyzes the legal obstacles of the dilatation of the validity of arbitration agreements, especially analyzes the breakthrough to these obstacles.Finally,this thesis analyzes the arbitration practice of China.The thesis is composed of five chapters.ChapterⅠThe outline of the dilatation of the validity of arbitration agreements.This Chapter starts with analyzing the validity of the arbitration agreements to the question of the dilatation of the validity of the arbitration agreements.ChapterⅡThe legal obstacles of the dilatation of the validity of arbitration agreements and the breakthrough of it.This chapter mainly introduces some legal obstacles for the dilatation of validity of arbitration agreements-requests for written arbitration agreements,autonomy of the arbitration agreements and privities of contracts.Then it introduces and analyzes the interpretation for the extension of written forms and the exception of privities of contracts From this introduction and analysis,this chapter to discloses the reason for the dilatation of arbitration agreements' breakthrough of the traditional theories.ChapterⅢThe sustentative legal theories pertaining to the dilatation of the validity of arbitration agreements.This chapter introduces the principles of Equitable Estoppel,Disregard of Corporate Personality and Fair and Reasonable Expectation,so as to analyze the justice of the dilatation of the validity of arbitration agreements.ChapterⅣThe practices of the dilatation of the validity of arbitration agreements- nonsignatory involvement in domestic arbitration.This chapter analyzes circumstances including assignment of contract,agency, consolidation and merger of legal person,division of legal person,and Bill of Lading,etc.ChapterⅤThe practices of the dilatation of the validity of arbitration agreements- nonsignatory involvement in international arbitration.This chapter mainly analyzes the practices of America and European countries.