The Empirical Analysis Of The Effectiveness Of Jurisdiction Or Arbitration Clause

There has a special arbitration clause:Jurisdiction or Arbitration Clausein international commercial arbitration,in different regions the validity of the Jurisdiction or Arbitration Clausehas different attitudes,such as in Switzerland or Britain,they oftenthroughwidely interpreted the Jurisdiction or Arbitration Clause to identify effective arbitration agreement;but in Brazil,Chinese,stipulate the clause shall be invalid in the statute.However,it is not the most reasonable solutionwhether it is simply to support the arbitration agreement is valid or that the arbitration agreement is invalid is too single.Therefore,should be in the practice of "arbitration or trial" in terms of classification,the distinction between "Contractually Expressed Priority" and "Mandatory Jurisdiction and Arbitration Clauses","Optional Arbitration/Litigation Clauses " in terms of different nature.Secondly,according to the legal basis and the consideration of the validity of the arbitration agreement,the different types of the Jurisdiction or Arbitration Clause articles are examined separately to determine the clarity of the parties' request for arbitration and the clarity of the choice of the arbitration institution.On this basis,in order to better solve the problem of judicial practice in our country,we can change the previous judicial attitude,support the arbitration agreement and strengthen the autonomy of the parties to the dispute.Then to determine whether it belongs to the Jurisdiction or Arbitration Clause in Chinese,to distinguish between the effectiveness of the arbitration agreement and the effectiveness of litigation jurisdiction,the validity of the arbitration agreement and the effectiveness of the jurisdiction of the litigation by the parties to the first case of ownership of the institutions have jurisdiction.