The Effectiveness Of Arbitration Agreement On Non-signatories

As a means of dispute settlement,arbitration,though lack of strong national coercion,is still popular,especially among the commercial affairs.It is because the nature of the arbitrator’s autonomy,the principle of secrecy,and economy make it armed with the advantages of convenience,high efficiency,and time-economy,which is superior to litigation.However,with the rapid development of social economy,the situation of cases is more and more complicated,which means allowing only the signatory of the arbitration agreement as arbitration parties to participate in arbitration is out of line with the reality,and China’s "arbitration law" and most arbitration institutions of the arbitration rules hold ambiguous attitude to this.As a result,the expansion of the arbitration agreement effectiveness is as urgent as the arrow fitted on the bow-string.In addition to the introduction and conclusion,the article is divided into three parts.The first chapter focuses on the current situation in China about arbitration agreement restrict the non-signatories and the significance.The first section focuses on the current situaiton in our legislation and practice.The second section focuses on the meaning of the existence of the non-signed party in the arbitration procedure.The second chapter is divided into three sections.The first section mainly introduces the Theory of "alter ego" and the Company Group Theory and analyzes its applicable conditions,and provides the theoretical basis for the extension of the arbitration agreement signed by the company to the unsigned party.The second section is the analysis of the rationality of the expansion of the arbitration agreement.The validity of the arbitration agreement does not violate the principle of autonomy of the parties,nor will it undermine the secrecy and economy of arbitration and analyze the advantages of the arbitration agreement.The third section analyzes the attitudes of different countries to the Theory of "alter ego" and the Company Group Theory in arbitral proceedings by introducing the jurisprudence of the United States,the United Kingdom,France and Singapore.The third chapter is divided into three sections,mainly to introduce the relevant provisions of China and abroad and China’s perfection suggestions.The first section introduces the relevant provisions of the arbitration tribunal and analyzes the existing problems.Stones from other hills may serve to polish the jade of this one.In the second section of this chapter,we have selected the rules of arbitration of the International Chamber of Commerce,the Arbitration Rules of the London Court of Arbitration,the Arbitration Rules of the Arbitration Court of the Stockholm Chamber of Commerce,and the Arbitration Rules of the Singapore International Arbitration Center in the Arbitration Procedure and analyzed the appending the parties’ practices in the arbitration proceedings.And provide reference for the recognition and application of the theory of effectiveness expansion of arbitration agreement in China.The second section,on the basis of the preceding article,puts forward some institutional assumptions in the establishment of company signing the arbitration agreement to bind the unsigned third party,looking forward to maintaining the legitimate rights and interests of the parties involved in arbitration and to promoting the further improvement of the arbitration system.