Effective Elements Of The Arbitration Agreement Are Discussed

The arbitration agreement is the cornerstone of arbitration system. Effective arbitration agreement is the prerequisite of arbitration procedure steart and the arbitration court gains the arbitration jurisdiction, it also is the prerequiusite of the acknowledgement and the execution of arbitration ruling. In view of the importance of arbitration agreement validity, it is explored in the article.Meaning autonomy is the core and soul of the arbitration system. On the effective elements of the arbitration agreement,although there is a mandatory requirement of law, the parties'meaning autonomy has got more and more respect and attention. The thrust of this article is respect the parties'meaning autonomy, making up its shortage, giving the parties more rights to select procedures,narrowing down the mandatory requirement in the ruling of the effective elements of the arbitration agreement , and promoting the effective set of flaw arbitration agreements.This article is divided into three parts.Part One, an overview of the arbitration agreement. The early history and development of arbitration protocol demonstrates the arbitration system was derived from the actual needs of settling disputes between businessmen. The nature of private relief reflects the party autonomy. The latter historical arbitration development reflects the respect, under the country protection of public rights, of party autonomy. If we study the effective elements of the arbitration agreement , the agreement of arbitration between the parties is the most important factor. Starting from the origin and nature of arbitration system, the legal nature of the arbitration agreement in this article agrees with the substantive law.Part Two, analysis of the effective elements of the arbitration agreement. Based on the legal nature of the arbitration agreement , we judge the validity of arbitration agreements on the ground of civil substantive law, the effective element of arbitration agreement are 1, the contractual capacity of the parties 2, the true meaning expressing 3, nonviolation of the law and social public interests 4, with the statutory form. The first three elements of four are the substance ones, the latter is the form elements. Only the conpulsoury stipulation of concluding the treaty of the litigant be less variable, the arbitrality of the dispute items, as well as the written form for arbitration agreements are gradually relaxed, thus more manifest the respect of free of the parties contract and safeguards the rights of private action .Part three, the perfection of Our country law about the effective elements of the arbitration agreement .The rules of arbitration agreement in arbition law of China are definite, but they are stricter than they are in other countries. Because of lacking the ragor and flexity of legislation in our country, there exsit many flaw arbitration agreement in law practice in China which affects the effective of agreements between paties. The flaw arbitration agreement which violates the laws and regulations is invalid, and the one which does not violate the laws and regulations, with its content insufficient, thus leads to the arbitration proceedures should not smoothly initiated is the arbitration agreement needs to remedy. The article analyses the stipulation of arbitration judicial interpretation to the flaw arbitration agreement in 2006, proposes that based on the parties meaning, to make up the insufficient of parties'arbitration meaning expressing, and make remedies of flaw arbitration agreement assist with action priciple.