Research On The Problem Of Jurisdictional Allocation In An Initial Arbitration Proceeding

Nowadays, arbitration is an important means of disposing and solving international commercial disputes. It allows the parties to international business affairs to avoid the possible existence of local protectionism and choose more neutral agency to resolve the dispute. As an effective solution of replacing the legal disputes, because of its own various advantages, the parties all hope to promote the advancement of the arbitration proceedings and make it more effective willfulness, on the other hand, the parties to the arbitration option agreement in advance is also given the legitimacy of the legal aspects, namely legitimacy. In fact, the relationship between the legitimacy and the efficiency makes up the relationship between the right of jurisdiction and the jurisdiction of arbitration.This paper is based on the initial stage of arbitration as the focus, starting from the necessity of the classification between the right of jurisdiction and the jurisdiction of arbitration, the main reason analyzed of the jurisdiction demarcation is the balance problem between the efficiency and legitimacy. Based on the reason of recognizing problem, this paper further studies the related concepts of the theories of jurisdiction division and important principles, then applies it to the aspects of analyzing different national legal system to deal with the problem. This paper also combines the theory and judicial practice, emphatically analyzes and introduces several more typical case which has representation in the initial stage of arbitration and the division between the right of jurisdiction and the jurisdiction of arbitration. It is also linked to the current situation of the international commercial arbitration in our country, analyzes the division problem between the right of jurisdiction and the jurisdiction of arbitration and puts forward to perfect the relevant legal advice. The analysis and research on this problem would help us clear that whether for arbitration, when in doubt, who decides a series of important issues such as whether to arbitrate or whether to continue and so on.