Analysis On The Validity Of Arbitration Clause In The Case Of Guangzhou President Hotel Vs Yang Guangda

With the development of the economy,international commercial transactions have gradually broken through the traditional form of single contract transactions(a transaction involves only two parties and the same contract).Today,international commercial transactions are becoming more and more complex.It is not difficult to imagine that multi-party contract transactions may result in multi-party and multi-contract disputes,and multi-party contract disputes may result in the complexity of the arbitration process.This article is about the reply of the Supreme People's Court on the implementation of the China International Economic and Trade Arbitration Commission,the President of Guangzhou Grand Hotel Co.Ltd.and Yang Guangda Arbitration,which is related to the form of multiple parties/Multiple contracts/a number of arbitration clauses.Based on the case,this paper focuses on the analysis of the validity of the arbitration clause in the multi-contract form,with a view to provide an important reference for similar cases in practice.The full text is divided into the following four parts:The first part,the question is invoked.This section firstly introduces a case involving multi-party and multi-contract arbitration cases,namely,Guangzhou President Hotel Co.Ltd.and Yang Guangda case,and the court of the case of the referee to do a brief introduction to lead to this article to discuss the legal issues,that is,many On the Validity of Arbitration Clause in Contract.The second part,the premise of the validity of the arbitration clause,that is,the relationship between the various contracts.From the logic of the multi-multi-contract can be decomposed into three categories: First,the form of multi-party multi-contract,in essence,the two sides of the same contract;Second,multi-party contract;Third,multi-independent contract.This paper analyzes the basic characteristics and criteria of these three types of contractual relations,which lays the foundation for the validity of the arbitration clause in the multi-multi-contract form.The third part of the article analyzes the validity of the arbitration clause.This paper analyzes the effectiveness of the arbitration clause under various contractual relations according to the above three kinds of contracts respectively.If the multi-party contractual relationship is substantially translated into the same contractual relationship between the parties,the arbitration clause is natural;if themulti-party contractual relationship is a separate contract between the parties,the arbitration clause is only relevant to the particular Contract,so the arbitration clause relatived to other contracts is invalid;if the multi-party/multi-contract relationship between the parties are related to each other contracts,it is easy to merge,if it is only in accordance with the independent contract,and in any case the arbitration clause is only valid for a specific contract,it can not apply to other contracts.On the basis of the above analysis,we can make an analysis on the validity of the arbitration clause of this case,and conclude that the case belongs to the same contract,the arbitration clause and the multiple contracts in each form,there are two arbitration clauses shall be subjected to arbitration by the agreed arbitration institution.In the fourth part,the article analyzes the validity of the arbitration clause of Guangzhou Grand President Hotel Co.Ltd.and Yang Guangda,it reveals some problems existing in the arbitration practice of Chinese arbitration.And get the perfect suggestion of how to recognize the essentially two sides of the same contract and how to deal with conflictive arbitration clauses.So that our practice of arbitration closely follow the trend of the times.