Study On The Extension Of Arbitration Agreement

In the late twentieth century, due to the complexity of the social and economic life, civil and commercial disputes mode and then gradually expand the diversified trend, which, especially in the case of arbitration to resolve civil and commercial disputes, more and more people become Commercial dispute resolution modes important one of the main parties to the dispute arbitration agreement to resolve the dispute as a precondition. Once the parties under the arbitration agreement as a desirable means of resolving disputes, the validity of the arbitration agreement, but in reality the expansion issue is very important that the arbitration agreement may be expanded to its effectiveness have not signed the arbitration agreement the third person, which is an arbitration innovation system, the legal system has become a trend in international business, but faced with the lack of theoretical basis, they encounter many obstacles in practice, thus an urgent need to explore the theory as a starting point in the process of practice problems were discussed. This article will be on the expansion of the arbitration agreement to define, and then summarize their demonstrated by the situation, focusing on the legal basis of interpretation Arbitration Agreement expansion, and finally to our current arbitration system critical analysis, summed up the deficiencies of the current system, propose feasible and effective refinement of the program.Full text except the introduction and conclusion, is divided into four chapters.The first chapter introduces the basic principles of expansion effect of arbitration agreement, the arbitration agreement requirements are set forth effectiveness, validity of the arbitration agreement as well as the expansion of the basic concepts of the theory and practice of research effectiveness expansion of international trends, and made its initial definition, then through the elaborate practice Arbitration Agreement expansion issues involved summed up the effectiveness of the arbitration agreement.The second chapter focuses on the effectiveness of the arbitration agreement Procedural base expansion, respectively, from the behavior of presumption of acceptance theory, automatic transfer of the arbitration agreement in principle, estoppels, and piercing the corporate veil and other theories to explain the validity of the arbitration agreement to a third person's basic expansion legal principle and basis.The third chapter specifically addressed the subject as well as the expansion of Arbitration Agreement expansion of concrete Manifestations, through the elaborate practice Arbitration Agreement, the author introduces the practices of the extension of the validity of arbitration agreements in China, and analyzes the serious formulation to arbitration agreements and the problems of imperfections of the arbitrating supervision.The forth chapter specifically addressed the specific issues in the arbitration agreement validity expansion in our legislation and practice and Perfection. After the problem with the system discussed the arbitration agreement validity expansion legislation and judicial practice, through systematic summary analysis of the law and the judicial supervision of arbitration drawbacks, on this basis, the effectiveness of proposed expansion adapt to the trend of the arbitration agreement, to protect non-signatory human rights and improve our system of judicial supervision.