Determination On The Effectiveness Of International Commercial Pathological Arbitration Agreement

The arbitration agreement is the agreement help both of the parties to resolve their disputes,the basis for the arbitral tribunal to obtain jurisdiction,and the cornerstone for initiating the arbitral proceedings.In practice,due to various reasons such as the unfamiliarity of the law by the parties and the large differences in the arbitration system stipulated by the laws of various countries,the arbitration agreement agreed by the parties is flawed.After remedies by the parties,arbitration institutions or courts,the parties may arbitrate according to the arbitration agreement.At the international level,the legislation and practice of various countries have an increasingly loose attitude towards such arbitration agreements.The importance is to obey the willingness of both parties to arbitrate and explain judicial resources.However,the requirements of the Arbitration Law and the Judicial Practice Team Arbitration Agreement of our country are still very demanding,which will lead to unequal status between the Chinese party and the foreign party in the dispute process.This will affect the conduct of foreign-related commercial arbitration in China,and is not conducive to the development of China's arbitration system.This article firstly defines the international commercial pathological arbitration agreement theoretically in the first chapter,and discusses the effective requirements of the arbitration agreement to distinguish between the pathological arbitration agreement and the invalid arbitration agreement.On the basis of understanding the valid requirements of the arbitration agreement,by summarizing the common types of arbitration agreements and paves the way for the determination of the effectiveness of the pathological arbitration agreement.The second chapter discusses the three problems in the validity of the pathological arbitration agreement in practice:There are differences in the attitudes of international commercial pathological arbitration agreements.the right of the attribution to determine weather commercial pathological arbitration agreements and the applicable law of international commercial pathological arbitration agreements to summarizing the complexity of arbitration agreements.The third part of the article discusses the method of remedy pathological agreement from a deeper level in theory.On the basis of clarifying the reasons and principles of pathological arbitration agreement,it sums up the remedy of pathological arbitration agreement.On the basis of the first three chapters,the fourth part of the article compares the legislative practice of the developed countries on the pathological arbitration agreement and the legislative practice of the arbitration in China,and finds the deficiency of the arbitration system in China.On the basis of clarifying the international community's "support for arbitration" environment,it puts forward the idea of perfecting China's arbitration agreement system.