On The Expansion Of The Effect Of Arbitration Agreement

With the development of commercial arbitration,many problems arise in both theory and practice which need to be studied and solved,among which the validity of commercial arbitration agreement is the most prominent one.Commercial arbitration is mainly theoretically founded on four major principles,which are "prohibition of counter-remarks","lifting the corporate veil","fair and reasonable expectation" and "contractual relativity".So far as the form of the expansion of the validity of arbitration agreement is concerned,commercial arbitration can be embodied and reflected in the relationship between parent and subsidiary company,the entrusted agency relationship,the succession of legal relations,and the third party system of Bill of lading and arbitration.The validity of the arbitration agreement does not necessarily extend to third parties who have not signed the arbitration agreement.but only produces the legal effect of the validity expansion in specific circumstances.The effectiveness of arbitration agreement has a great impact on and breakthrough in the traditional arbitration system,mainly reflected in the principle of autonomy of will,the written form requirement of arbitration agreement,the principle of independence of arbitration agreement,and the justice of arbitration process.However,this kind of impact and breakthrough does not violate the original intention of the establishment of the traditional arbitration system.China should speed up the process of amending the Arbitration Law.In orde to make the law better in line with international commercial arbitration,mature ideas of the international community should be drawn on,a loose attitude towards the expansion of the validity of the arbitration agreement needs to be taken,and a loose attitude towards the expansion of the validity of the arbitration agreement is expected to be improved.