Study Under New York Convention On The Validity Of The International Commercial Arbitration Agreement

Economic globalization has become an irreversible trend,under this background,China's foreign-related commercial disputes also along with the increasing in the process of civil and commercial exchanges.And as the main body of the international civil and commercial disputes on settlement of international civil and commercial arbitration(hereinafter if no instructions,"arbitration" is refers to the "international civil and commercial arbitration","the arbitration agreement" refers to the "international civil and commercial arbitration agreement")is widely recognized at home and abroad and acknowledged that arbitration is efficient because one of the ways to solve the domestic and international commercial disputes,has extensive international,highly autonomy,the characteristics of the ruling authority,executive force,fast.In the process of arbitration,the arbitration agreement is the foundation of arbitration.arbitration agreement,refers to the parties on a voluntary,consultation,both or all parties on the basis of equality and mutual benefit between them has occurred or the possibility of dispute submitted to arbitration for resolution of written documents,apply for arbitration is the necessary material.Therefore,in the domestic and foreign arbitration practice,first to solve is how to recognized the validity of the arbitration agreement,for the settlement of international civil and commercial arbitration disputes is extremely important.Not only do the New York Convention on the special provision,domestic laws also made the corresponding provisions.This article through the concrete cases show that as the international civil and commercial arbitration practice developing,the New York Convention,to keep the effectiveness of regulations,can not meet the needs of the development of arbitration,because in practice to decide how to deal the validity of the arbitration agreement and the new problems and new situations;Further from the perspectives of law,the arbitration practice in our country in the international commercial arbitration agreement effectiveness problems;And through the study of the representative countries outside of the mature legislative experiences and practical results,puts forward reasonable suggestions for the development and improvement of the arbitration in China.Concrete is divided into the first part of the New York Convention to analysis the effectiveness of regulation;The second part introduces the implementation of the New York convention on outside experience,mainly from the United States,Britain and France to analyze related practice;The third part of the explanation on review the effectiveness of arbitration agreement in our country the status and problems;Last part elaborated how to draw lessons at home and abroad,to perfect our rules of the arbitration agreement potency,to perfect our legislation of the commercial arbitration system,and promote the development of social and economic life and the fair and efficient dispute resolution.