A Study Of The Choice On Application In International Commercial Arbitration

In recent years, with the increase in the implementation of the concept of international commercial arbitration and international commercial disputes, international commercial arbitration as an effective way to resolve disputes. At the same time the development of arbitration institutions, formulated in accordance with the arbitration rules of practical experience. Different arbitration bodies, arbitration rules and there are also similarities and differences. The actual existence of the arbitration arbitration rules often apply to mutual problems. This applies specifically established the validity of the arbitration agreement and the arbitration rules of the jurisdiction of arbitral institutions have close contact.Thesis is divided into the following four parts:The first chapter on International Commercial Arbitration Rules of the theoretical concepts, clarify the logic of arbitration rules and arbitration law, arbitration rules and arbitration institutions, and to make a brief analysis of the applicability of features arbitration rules.The second chapter, arbitration rules and discuss the validity of the arbitration agreement finds, first of all make elaborate logical relationship between the two, and agreed in the arbitration agreement only applies to the arbitration rules of an arbitration institution in this particular case with the " most significant relationship " to make legal analysis. The effectiveness of the third chapter, to explore the application of the rules of arbitration agreement is inconsistent with the arbitration institution, focusing on the application of the UNCITRAL Arbitration Rules in foreign arbitration institutions, as well as the applicability of the arbitration rules in other arbitration institutions, certainly "mixed arbitration " clause.Chapter IV regression of foreign arbitration rules applicable to commercial arbitration institutions, conduct of international commercial activities in China parties prefer such as " UNCITRAL Arbitration Rules " or " ICC International Court of Arbitration Arbitration Rules " as the ruling of the case arbitration Rules, in China ’s foreign arbitration institution for arbitration. How do these rules apply to the arbitration, the issue of foreign arbitration institutions also have to face. Wording will combine practical cases of UNICITRAL rules applicable rules of arbitral institutions arbitral bodies to make legal analysis.