Discussion Of The Arbitration Agreement Based On The Japanese Arbitration Law

With development of global economic integration carrying on in the21stcentury,transaction between countries becomes more frequent and the volume of trade is also growing.Due to the different attitude towards national jurisdiction between countries and the rapidness,speciality and confidentiality of arbitration, enterprises tend to settle the disputes viaarbitration when trade disputes arise. There is no official treaty which recognizes each other’sarbitration institute or court between China and Japan. However in term2of article8inbilateral trade agreement between China and Japan, which was signed when diplomaticrelation established in January5th1974, arbitration is clearly defined as a dispute settlementmethod. At the same time, both of the countries are the members of the New York conventionwhich reduces the legal and procedure obstacles of recognizing and enforcing the arbitralaward from each other. But how much difference are there in the arbitration systems of Chinaand Japan in process of arbitration practice？ From the investigation of arbitration agreement,this paper conducts a specific analysis of the definition, the nature and the legal elements ofthe arbitration agreement in order to compare the different characteristics of the twoarbitration systems. According to studies, the amendment of China’s arbitration law which ison the schedule may largely in accordance with Japanese arbitration regulations. So theinvestigation of this paper in Japanese arbitration agreement can provide a good reference forthe amendment of Chinese arbitration law.