Research On The Legal Issues Of Internal Disputes Agreed That Foreign Arbitration

Internal disputes agreed that foreign arbitration is a new situation in China's arbitration practice where there is no clear law.In judicial practice,the Supreme Court's opinion is that the internal disputes should not be agreed upon for foreign arbitration,but the reasons for its reasoning and argument are not sufficient.It is also in the academic world that one side is inclined to conclude that the arbitration agreement is invalid.The other party,in the spirit of supporting the arbitration,believes that it should respect the parties' true wishes.Taken together,the internal disputes agreed that foreign arbitration can be deconstructed into four sub-problems that are independent and interrelated: The definition of foreign–related degree of arbitration,the validity of the arbitration agreement,the enforceability of the arbitration award,and the opening of the domestic arbitration market.Based on this,this article will discuss the above four aspects.The first chapter: The definition of foreign–related degree of arbitration.This paper elaborates the definition of foreign–related degree of arbitration from the perspective of theory.In theory,the theory about the definition of foreign–related degree of arbitration is mainly about three elements of legal relationship,the general foreign and the narrow sense of foreign affairs.However,there are a few problems with these three theories.The general foreign is too board,the narrow sense of foreign affairs is too restrictive,and three elements of legal relationship,have biased interpretation of elements of legal relations.In order to be able to meet the needs of the current arbitration practice,the three elements of legal relationship should be integrated with the benefit,and take full account of the autonomy of the party's will and the arbitration shall be incorporated into definition of the foreign–related degree of arbitration.The second chapter: The validity of the arbitration agreement.The validity of the arbitration agreement concluded in two contents,one is what law shall be based on to define the validity of the arbitration agreement,the second is how to define the effective elements and invalid elements after determining the applicable law.Although there is a clearly identified on the applicable law of the arbitration agreement in theory,in China's judicial practice,it does not do and it becomes unreasonable for the internal disputes to stipulate the application of foreign arbitration.Because the law of our country does not stipulate the ineffectiveness of the foreign arbitration as an arbitration agreement,the Supreme Court has adopted a unified judicial scale in the form of cases,yet the jurisprudence of the Supreme Court is not sufficient.The third chapter:The enforceability of the arbitration award.If the adjudication is a foreign arbitral award under the New York convention,the recognition and enforcement of the award should be conducted in accordance with the requirements of the convention,but not to deny the enforceability of arbitration award with the reason of belonging to the dispute within grounds.He who is foreign can also make a pact.It is of great significance for the rules and practices of countries outside in terms of internal disputes agreed that foreign arbitration.The forth chapter:The opening of the domestic arbitration market.The opening of the domestic arbitration market is a general trend,not only will not result in the weakening of judicial control in our country,but will bring economic benefits,so it is worth trying.There are two types of open arbitration market,one is completely open,and the other is not completely open.