The Application Of Laws On International Commercial Arbitration Agreement

The application of laws on international commercial arbitration agreement is animportant issue in the Theory and Practice of International Commercial Arbitration. Becauseof the different laws in different countries, it may get different conclusions on theeffectiveness of international commercial arbitration agreement, thus affecting the rights andobligations of the parties. In China，the special requirements of Arbitration Law on thevalidity of an arbitration agreement intensified the conflicts between our laws and others. So,the application of laws on international commercial arbitration agreement is particularlyimportant.In this paper, by the analysis of a typical case and the research of scholars, it can analyzethe problems encountered in the application of laws on the International CommercialArbitration Agreement, and get some perfect suggestions on our international commercialarbitration practice activities, in order to comply with the international trends.In addition to the Introduction and Concluding Remarks, the text consists of four parts,totaling more than21,000words.The first part, focus on the case and its legal disputes, includes the cause of action, the casedetails and the law focus of controversy. Focus of the legal dispute in the case is mainlyconcentrated in the application of laws on the arbitration agreement;The second part,contents and rules of the application of laws on the InternationalCommercial Arbitration agreement, includes the contents and the specific performance of theformal requirements and substantial elements of the International Commercial ArbitrationAgreement, the types of institutions which identify the effectiveness of internationalcommercial arbitration agreement, elaborating the application of laws on internationalcommercial arbitration agreement from the basic theory and practice of international legalaspects;The third part, analysis of legislations and practices in china of the application of laws onInternational Commercial Arbitration agreement; The fourth part, deeply thinking on the application of laws on international commercialarbitration agreement in China, includes the conflicts between "the parties’ choices of law"and " directly applicable law”and the defections of the application of laws on internationalcommercial arbitration agreement in China, researching solutions on the basis of the threeparts and the new domestic legal environment of the application of laws on internationalcommercial arbitration agreement.