On Judicial Review Of Foreign-Related Arbitration Agreements In China

Pushed by the tide of economic globalizat ion at the end of the 20 th century,International transactions have become increasingly frequent,while with the rapid development of internat ional economics and trade,business contractual disputes about international trade and investment are constantly emerging,which provided good opportunities for the development of International Arbitration.Comparing with some developed countries,Chinese Arbitration system started pretty late,lacking well designed policies and rules.After Chinese arbitrat ion law promulgated,judicial review system of foreign-involved arbitrat ion agreement just started to build up.T hen the relative judicial interpretation laid out more specific legal basis for the judicial review of foreign-related arbitration agreements.Judicial review of foreign-related arbitrat ion agreement is the first step for judicial power to intervene into arbitration procedure,presenting the essential att itude of Chinese judicial the authorities towards judicial review of foreign-involved arbitration.According to the survey of existing research on judicial review of foreign-related arbitrat ion agreement,it seems that most scholars focused on certain case studies,but not on the overview to the general circumstances of the cases.This article will start from a practical view and end with a comprehensive analysis,aiming to summarize the general attitude coming out of judicial practice in these years,and then make some suggestion based on the analysis of provisions of Arbitration Law of in China.This article is divided into six parts:The first part points out the problem of judicial review towards foreign-related arbitration agreement.While focusing on the necessity of such judicial review,the author here makes an overall analys is to the replies of judicial review made by Supreme People's Court from 2002 to 2013,which contained 73 foreign-related arbitration agreements,and then comes up with a question that how strict judicial review of foreign-related arbitration agreement should be and what is the trend to develop.The second part discusses the issues related to the application of law in foreign-related arbitration agreement.First of all,this paragraph makes a comparative study on the legis lat ion between International Conventions and other countries,as well as Chinese relat ive statutes on above-mentioned problems.Secondly the author compiles the outstanding cases on disputes about foreign-related arbitration agreements,and makes a conclusion combing the legislat ion and practice.The third part is mainly about judicial review of formal essentials form of arbitration agreement.After analyzing the legal pr inciple and legislation,then combining it with practical experience of China on this issue,the author concludes the loophole and gives several suggestions.The fourth part is on substantial essentials,which is in the same way with last paragraph that combing legal principle,legis lat ion and practical experience.At the end of the paragraph a solution comes out towards the shortcomings of Chinese legislat ion towards this problem.The fifth part argues the expansion of the effect on the foreign-related arbitrat ion agreement.After a brief introduction of the legal theory,the paragraph goes to analyze relevant provisions in a way of comparative studies.Combing with new cases including this issue happened these years,the author gives several advices for the revision of relative legis lat ion.The sixth part of is the final conclusion.Based on the 73 cases and legislat ion practice,this paragraph answers the questions which rose up in first chapter,and makes some proposals on legislat ive amendment for judicial review of the arbitration agreement.