Research On Effectiveness Of Arbitration Agreement And Its Jurisdiction

International Commercial Arbitration has been gradually developing into one ofmain dispute settlement methods in the field of international trade. The arbitrationagreement plays a significant role as a point of starting arbitration, the basis of thejurisdiction of arbitral tribunal and the decisive element for recognition andenforcement of the awards. A valid arbitration agreement needs to meet certainconditions. This thesis makes an assay of the effectiveness of arbitration agreementand some relevant issues of jurisdiction on the basis of the“Zueblin Case”in whichthe arbitral award was refused by court. Then the thesis summarizes the reasons fordisputes rising to find internal contradictions of arbitration system in China and thedifference in comparison with that in the world. Finally, the aim of this thesis is tohandle the drawbacks and coordinate the conflicts from different authorities.This thesis comprises three chapters.The first chapter of this thesis mainly makes a brief introduction of the legal caseso as to grasp the context and disputes. Then the debatable points are summarized andthe direction to research is orientated. The main aspects for the research of this thesisare as follow. To start with, the first aspect is about the elements for a valid arbitrationagreement and the identification of the effectiveness. In addition, the second aspect isabout the principle of competence/competence and the jurisdiction conflicts fromarbitral tribunal and native court.The second chapter of this thesis is the process to analyze and resolve the issuesof the two aspects above with the theories and principles for international commercialarbitration. To start with, whether the effective or not of the arbitration agreement inthis case is analyzed. Submission agreement for arbitration or arbitration clause is thenature of contract. Its applicable law is chosen by the parties who enter into the maincontract. If parties do not have options, the applicable law for arbitration agreement isthe law of the seat of arbitration in accordance with mainstream principle ofinternational private law. China’s Arbitration law is applicable in this case to judgethe effectiveness of arbitration clause. In addition, arbitral tribunal and court may bothobtain the jurisdiction for the same arbitration agreement as a result of unclear wordsand its interpretations of the arbitration agreement. Therefore, this makes the conflictsfor two kinds of jurisdiction. According to the provisions in China’s domestic law, thedecision of court is dominant.The third chapter of this thesis concludes the solutions for the legal case andcauses for the disputes based on the analysis above. Then a sound proposal forimproving the legal system of arbitration in China is put forward. To start with, if theprovisions of an arbitration agreement can lead to an arbitration institution, it shouldbe presumed to an effective one. In addition, the autonomy and international trend of arbitration is inevitable. We should acknowledge the trend and insist judicialsupervision as well as judicial assistance.