A Study On Applicable Law Of International Business Arbitration And Revelation For China’ Applicable Law Of Arbitration

As a dispute resolution which independent from both parties, arbitration has along history. It is not a legal action but still binding method to resolve dispute whenparties could not reach a resolution by negotiation. Legal application in internationalcommercial arbitration means which laws should be applied for judgment of validityof arbitration agreement, which rules should be followed in arbitration procedure, orparties’substantive rights and obligations in arbitration, etc. In fact, the applicationof law is a conception in International Private Law. It means, in a civil andcommercial case with foreign elements, which national law should be applied fordetermination of parties’rights and obligations, in order to solve their disputes. If wehave a research on application law in international business arbitration, situation ofapplicable law in China in international business arbitration should be studied. Butour Chinese arbitration law is very complex, especially in foreign-related arbitrationand international arbitration. This article is from the perspective of differencesbetween application law in international commercial arbitration and current situationin China, such as Chinese arbitration law and application law of internationalcommercial arbitration in China, by analysis of application law in arbitration law, inorder to explain the defects in Chinese arbitration law, especially those parts relatedto international commercial arbitration. And those defects also led to whether casesrelated with some international commercial arbitration elements could be sued orfinal arbitration awards could be enforced and recognized in China. There are 4 partsin this paper, in the perspective of comparison, analyze the problems in applicationlaw in international commercial arbitration law, especially those rules in Chinese arbitration law.The first chapter introduces the general theory of applicable law in internationalbusiness arbitration. Begin with origin of the legal application, as well as the concept,scope, status and role of applicable law of international commercial arbitration. Alsothere is a brief introduce of Chinese Arbitration.The second chapter introduces the validity of the application in internationalbusiness arbitration. This part includes the concept of the arbitration agreement ininternational commercial arbitration, the type of arbitration agreement and effectiveelements of arbitration agreement. In the meantime, introduces application of law ininternational commercial arbitration by case analysis. Second part of this chapterintroduces theory of arbitration agreements in China, begins with the development ofChinese arbitration, by analysis of some legal clauses, in order to introducearbitration agreements in China. It’s a preparation for analysis of arbitrationagreements in Chinese arbitration situation.The third chapter, first begins with a typical case to explain legal problems ininternational commercial arbitration procedure, then introduces details in procedurelaw in international commercial business arbitration, including the concepts ininternational commercial arbitration legal procedure, related contents, etc. As well asthe detail of Chinese arbitration procedure law.The forth chapter, the main point of international commercial arbitrationsubstantial law is to confirm the right and obligation of both parties. In this part,introduce the how to choose the applicable law in international commercialarbitration, arbitration in China, and problems in legal application in Chinesecommercial arbitration.