Determination On Legal Validity Of Arbitration Clause

The earliest civil and commercial arbitration system was documented in Law of the Twelve Tables of ancient Rome.With diversified development of economic entities and trade relations,more and more people choose arbitration to resolve civil and commercial disputes,especially in international trade field,arbitration is the most popular and important mode of dispute settlement.The arbitration agreement is the premise of arbitration.A valid arbitration agreement,which gives arbitration court arbitration jurisdiction,can keep the parties to the arbitration agreement within bounds,and even determines whether the arbitration award can be successfully enforced by the court.Chinese arbitration system got off to a late start.The first Arbitration Law of PRC has went into effect officially on September 1st,1995.Compared with the theory and practice of arbitration,legal regulations on the validity of the arbitration agreement in Chinese current arbitration legislation are too general,that makes determination on legal validity of arbitration clause in practice depends on replies and interpretation from the Supreme People's court,cannot be conducive to the development of Chinese arbitration system.Combined with the Chinese arbitration legislation standard,related interpretation and arbitration practice,this paper intends to analyze detailedly the determination on legal validity of arbitration clause,taking A gas co.v.B steel co.contract dispute for the supply and consumption of special gases as the point of penetration and the case dispute “determination on legal validity of arbitration clause” as the center.Accordingly the thesis will sum up deficiencies and insufficiencies of the determination on legal validity of arbitration agreement in Chinese civil and commercial arbitration in the end,in order to put forward innovative suggestions for thedetermination on legal validity of arbitration clause in China.The thesis is divided into four parts.The first part makes a general introduction of the case and educe the focus and researching significance of this case.Starting from the legislative level of Chinese arbitration and present international arbitration theoretical level,the second part will dissect the determination on legal validity of arbitration clause according to the controversial focus of the case--whether the arbitration commission is clear.The third part will summarize the shortcomings of determination on legal validity of arbitration clause in China.The last part will put forward some sound proposals for determination on legal validity of arbitration clause based on juristical consideration of the case.