On The Written Form Of Commercial Arbitration Agreement In China

Since the conclusion of the New York Convention in 1958,the written form has become an international consensus as a constructive factor of the arbitration agreement.However,with the application of new technologies in the field of communications,the standards of written form and the determining of the written fonn has become a new research topic.Although the "lenient interpretation" of written form has become the trend of arbitration and judicial practice in our country,the Arbitration Law and its judicial interpretation on the written form of the arbitration agreement have not been improved in time.So,the direction and scope of"lenient interpretation" still need to be selected and screened for practical needs,not only the standard for exchanging of letters or telegrams,whether tacit declaration is written or other traditional issues all need to be re-discussed,and the real-time chat and other emerging means of communication also make the definition of written form more complex.In this thesis,the author discussed through whether the arbitration agreement achieved by real-time chat,tacit declaration constitutes a written form and the standards for exchanging of letters or telegrams.Except the preface and conclusion,the full text is divided into four chapters.The first chapter raises the question.This chapter comes straight to the point and puts forward the three main problems encountered in the process of the development of the commercial arbitration agreement,elaborates the main concepts involved in it and teases the research status of the three main problems domestic and overseas.On this basis,the author defines the scope of this thesis.The second chapter is whether real-time chat is written form.This chapter makes a argument about whether the real-time chat is in writing,compares the domestic regulations with the foreign practice,and concludes through the practical cases.The conclusion is that the arbitration agreement formed by real-time chat constitutes the basis of the written form.And the author makes suggestions on how to make further improvements.The third chapter is about whether tacit declaration is written form.In this chapter,the author demonstrates whether implied arbitration agreement constitutes a written form,compares our theoretical research and practice with foreign practice,finds the advantages and disadvantages of the existing research in our country,and analyzes in depth with the actual case,so as to find the basis which supports the point of that the implied arbitration agreement meet the written form requirements.And,from the different angle of theoretical research,legislative level and practical operation,the author give some proposals for perfection.The fourth chapter identifies the criteria for exchange.On the basis of the second and third chapters,this chapter starts from the criteria for exchange of letters or telegrams,synthesizes the evolution of the criteria in main laws and regulations in China,and draws reasonable standard and improvement suggestion for the exchange of letters or telegrams.On the basis of the previous text,the conclusion puts forward the comprehensive suggestions on the three main issues of the written form of our arbitration agreement from different perspectives of academic research,commercial arbitration practice and revision of laws and regulations.