Study On The Legal Issues Of The Expansion Of The Validity Of Arbitration Agreement

In the current international business field,the international trend of supporting arbitration and encouraging arbitration has gradually formed and developed.The status of arbitration in the settlement of civil and commercial disputes has been continuously improved,and the scope of arbitration and the scope of arbitration are constantly expanding.With the globalization of international trade and the richness of economic transactions,the contractual relationship has also undergone development.The disputed subject and object in commercial arbitration also have a complicated trend.In the practice of international commercial arbitration,more commercial entities have been linked to arbitration,and there has gradually been a phenomenon in which the effectiveness of arbitration agreements is conditionally extended to third parties.If the expansion of the effectiveness of the arbitration agreement is a trend may be overstated,it is undeniable that there is indeed a need in practice to make the arbitration agreement effective for non-signatory.This paper will first define the effectiveness expansion of the arbitration agreement,summarize the manifestations of the expansion of the effectiveness of the arbitration agreement that has appeared in practice,and then type the analysis of the effectiveness of the expansion of the typical arbitration agreement in the three categories,summarizing the effectiveness of the arbitration agreement.Obstacles encountered in the combination of different theories and practices,and through a comparative study of domestic and foreign legislation and cases,make a useful discussion on the effectiveness of the expansion of arbitration agreements in China's national conditions.In addition to the introduction,this article is divided into four chapters.The first chapter mainly introduces the overview of the issues related to the expansion of the effectiveness of arbitration agreements.Firstly,it defines the concept of the effectiveness of arbitration agreement,and briefly describes its characteristics.Secondly,it combines the different views of scholars at home and abroad on the effectiveness of arbitration agreement,and discusses the validity of the expansion of arbitration agreement.The advantages of effectiveness expansion and the obstacles existing;finally,summarizing the manifestations of the effectiveness of arbitration agreements in domestic and foreign practice.The second chapter discusses the application of corporate legal personality denial theoryin the expansion of the effectiveness of arbitration agreements.First,analyze the difficulties faced by creditors in “opening the veil of the company” in arbitration cases;second,discuss domestic and international cases and compare them with similar arbitration practices of company group theory;third,explore the arbitral tribunal The standard of self-discrimination jurisdiction and the denial of corporate personality of the company,and the possibility of applying the corporate personality denial theory in the practice of arbitration in China.The third chapter discusses the legal effect of the assignee around the arbitration clause in the bill of lading.Firstly,it analyzes the obstacles encountered in the expansion of the bill of lading arbitration clause,namely the unilateral characteristics of the bill of lading arbitration clause and the violation of the written form.Secondly,through the study of the practice of the bill of lading arbitration clause on the effectiveness of bona fide third parties.To sum up the conditions for the effective incorporation of the arbitration clause into the bill of lading;finally,the application of the expansion of the arbitration clause of the ocean bill of lading is applicable in China.The fourth chapter discusses the expansion of the effectiveness of the arbitration agreement in the main contract of guarantee.First,it expounds the difficulty of the expansion of the effectiveness of arbitration agreements in the practice of guarantees: violations of the basic theories and principles of contracts,and the relevant provisions of the current Chinese laws;second,the retrieval of relevant domestic and international cases,discussion and summary of the effectiveness of the main contract arbitration agreement The necessity and rationality of expansion;Thirdly,the revised version of the "Interpretation of Several Issues Concerning the Application of the Arbitration Law of the People's Republic of China" is a blueprint for proposing to improve the arbitration agreement system in China,and the effectiveness of the arbitration agreement for different situations.The difference is identified.