Study On The Validity Confirmation Of Foreign-related Commercial Arbitration Agreement

Arbitration has become one of the most important processes of dispute resolution in modern business,and being popular between different parties from all over the world.As the beginning of arbitration proceedings,the sign up of arbitration agreements is the most critical step in the whole arbitration proceedings.Whether the arbitration agreements which signed up by parties can be deemed to a country is directly related to the arbitration procedure can go smoothly or not.Although along with the development of international commerce,the international commercial arbitration has been continuously enriched and is keeping develop,but there are still some problems.According to the cases selected by author,in recent years,the attitude of judging International arbitration is always being stringent both legislation and practice.The arbitration agreements between different parties often can't be recognized by judicial authority of our country.This situation has made bad damage to the development of international arbitration in our country.Usually,the validity of arbitration agreements refers to the arbitration institutions or the courts in a certain country.On the one hand,the principle that arbitration institutions get the right from themselves.And this theory has become one of the bases of modern international commercial arbitration.On the other hand,as the exercise authority of national judicial power,courts in the country has the power to determine the validity of the arbitration agreements.At present,although many countries and regions,including China,have accepted this,such division method still has caused some problems in practice.At the same time,getting an effective arbitration agreement is based on not only the realities of the disputed matter,but also one the fact that the agreement should have all complete elements.In the first to make sure is that the issue can be allowed to solve by arbitration.For the agreement,the party in one could be natural person,legal person,unincorporated body,country and other forms.This requires the subject of arbitration agreement should have the appropriate qualifications.At the same time,the meaning of choosing arbitration is the basis of the whole procedure.An effective agreement requires the will of choosing arbitration being true and valid.In the end,the choice of arbitration institution and the place of arbitration may have significant impact on the process and the outcome of arbitration.In China,arbitration institutions and courts are equally have the right to determining the effectiveness of the arbitration agreements.Somehow,it is not hard to find that China has taken a more rigorous attitude towards the validity of the arbitration agreements no matter in accordance with the relevant laws or the regulations in the cases selected by author.Including issues such as the over-rigidity of the criteria for the clarity of the arbitration institution,the unclear jurisdiction of the arbitration agreement,the inappropriateness of the application of the arbitration clause,and the ambiguity of the foreign-related standards.The existence of these problems has led to our judiciary for the effectiveness of foreign-related arbitration agreement to determine the proportion of invalid high.Based on the analyzing of various situations of foreign commercial arbitration agreements which has been invalidated by the judicial organ of our country,the author has put forward the corresponding legislative and practical suggestions on theses problems.In the background of supporting and encouraging,we should seek more ways to ensure the validity of arbitration agreements.First of all,strictly follow the principle to make sure the order conduct of modern business activities.At the same time,taking the-rule of judging foreign-related in the most linked way to given the flexibility of these cases.Weakening the mandatory requirements selected by the arbitration agreement to increase the proportion if cases in which the arbitration agreement was recognized as valid in the course of practice.Finally,by reducing court's intervention,clearing the jurisdiction of it to make sure the efficiency of arbitration process value.