Comment On The Disputes Of Jiangsu Xinyu Company And MERAK Confirming The Validity Of Arbitration Agreeents

As one of the dispute resolution methods,arbitration is widely accepted by the international trade circle because of its efficiency,confidentiality and flexibility.The arbitration agreement is the premise and basis of the arbitration.The judicial review of the foreign arbitration agreement is an important part of the judicial review of arbitration.The effective standard of a foreign-related arbitration agreement is actually a legal standard,which is determined by the law applicable to it.Due to the different legislative provisions of different countries,the requirements for the validity of the arbitration agreement are also different.The validity criteria of the arbitration agreement are statutory prerequisites,including the party's behavioral ability,formal requirements and substantive requirements.For a long time,China's formal requirements for arbitration agreements are relatively strict,and the formal requirements mainly include written requirements and signing requirements.For substantive elements,China mainly examines the parties' arbitration agreement,arbitrable matters and the content of the arbitration agreement.This paper mainly confirms the validity of the arbitration agreement from Jiangsu Xinyu Company and MERAK Company.Through the analysis of the formal and substantive requirements of the arbitration agreement in this case,it brings out many problems in the judicial practice of our country and puts forward suggestions for improvement.The first part of this paper introduces the case of Jiangsu Xinyu Company and MERAK Company confirming the validity of the arbitration agreement,as well as the views of both parties and the position of the court.Finally,the focus of the dispute in this case is whether the foreign-related arbitration agreement between the two parties on the CRH3-380 project meets the formal requirements and the parties.Whether to reach an arbitration agreement.The second part is the law applicable to the review of the effectiveness of the arbitration agreement in this case.Because this paper mainly analyzes the effectiveness review of foreign-related arbitration agreements,the choice of applicable law is the premise of effectiveness review.Therefore,this part introduces the "unification theory" and "segmentation theory" applicable to the law of arbitration agreement validity in judicial practice,and then analyzes and discusses the legal choice of the court to confirm the validity of the arbitration agreement.The third part is the evaluation of the validity of the arbitration agreement in this case.This part focuses on the formal elements of the disputed arbitration agreement and the arbitral agreement.It compares the provisions of international conventions,national legislations on the formal requirements of arbitration agreements and judicial practice,and introduces the relevant provisions and practices of the formal requirements of arbitration agreements in China.By analyzing the formal requirements of the effectiveness of the arbitration agreement in this case,it reflects the problems in the judicial review of the formal requirements of the arbitration agreement in China's judicial practice.By analyzing whether the parties in the arbitration agreement in this case have the arbitral agreement,the research on the review criteria of the arbitration agreement is conducted,which leads to the problems in China's judicial review of the arbitration.The fourth part is to confirm the validity of the arbitration agreement through Jiangsu Xinyu Company,and point out the shortcomings in the judicial review of the effectiveness of the arbitration agreement in China,so as to put forward suggestions for improvement.First,the court should divide the arbitration agreement according to its inherent independence to the applicable legal norms in the selection of the law.Second,it is necessary to relax China's review of the formal requirements of the arbitration agreement.The non-signed arbitration agreement cannot be generalized and should be considered as specific.Situation analysis,if there is other evidence to prove that there is indeed an intention to submit arbitration between the two parties,the partial lack of form should not be an obstacle to prevent the parties from submitting to arbitration.The third is to relax the judicial review of the arbitration agreement.It is not necessary to express the necessary elements,which is conducive to the parties choosing arbitration to resolve the dispute and sharing the high number of cases for the court.