Research On The Effectiveness Expansion Of Arbitration Agreement

Arbitration agreement is the meaning of the parties to reach arbitration,but also the basis of the initiation of arbitration proceedings.The traditional arbitration theory simplifies the valid arbitration agreement to two conditions: "written" and "signed",which means that only those who sign on the written arbitration agreement are the parties to the arbitration agreement.However,in recent years,the connotation of "written" is more and more large,commercial transactions also show the characteristics of openness and relevance,which makes it possible for the parties to enter into the contract after signing the contract with arbitration clause.Disputes may also occur between the signatory and the non-signatory of the contract It also puts forward new requirements for the arbitration system.Therefore,since the 1970 s,under the background of encouraging the development of arbitration system,the effectiveness of arbitration agreement has also been endowed with a new connotation,that is,the effectiveness of arbitration agreement can be extended to the non-signatory party of arbitration agreement.Through the study of foreign relevant law and arbitration practice,there are many cases in which the arbitration agreement has expanded effect.At present,although there are some cases in our country that support the expansion of the effectiveness of the arbitration agreement,there are also many voices that deny the expansion of the effectiveness of the arbitration agreement,which leads to the derailment of the results of our handling of some cases from the international common practice or convention,which is not conducive to the expansion.The development of arbitration in China.Based on this,this paper will start with the effectiveness of arbitration agreement,combine the relevant legislation and practice at home and abroad,aiming at the relevant practice of our country,find out the problems existing in the relevant system of our country,and at the same time provide the corresponding suggestions for the improvement of the relevant system of our country.This article is divided into four chapters.An overview of the expansion of the effectiveness of arbitration agreements.The main purpose is to carry on the basic introduction to the arbitration agreement validity expansion.First of all,it defines the expansion of the validity of arbitration agreement,because there is no clear definition of this system in both theoretical and practical circles at present in our country.In this section,we will give the author's views on the definition of this system.Secondly,it explains the legal basis of the expansion of the validity of arbitration agreement,mainly referring to the relevant theories of civil law and contract law;The last section of this chapter introduces the advantages of the expansion of the effectiveness of arbitration agreement,mainly from the benefit of improving the efficiency of handling cases and better protection of the rights and interests of the parties.The current situation and deficiency of the expansion of the validity of the arbitration agreement in China.The main content of this chapter is to introduce the arbitration practice of our country and the relevant situation of arbitration legislation,combined with the relevant cases,and find out the existing problems,and put forward some suggestions for perfection in the following paragraphs.At present,at the level of national legislation,the provisions on the expansion of the effectiveness of arbitration agreements are very limited,which also leads to different adjudication standards for arbitration cases of the same nature in arbitration practice.In addition,the form of arbitration agreement is strictly required in Chinese law,which also hinders the implementation of the system to a certain extent.At the end of this chapter,the causes of the problem are analyzed,mainly from the perspective of theory and practice.BecauseChapter three is the comparative analysis of the expansion of the effectiveness of the extraterritorial arbitration agreement.The content is to introduce and summarize the foreign arbitration agreement effectiveness expansion system,and summarize the beneficial experience for our country to perfect the arbitration agreement effectiveness expansion system.First of all,this paper introduces the rules of extraterritorial countries and arbitration institutions on the expansion of the effectiveness of arbitration agreement,and analyzes their attitude towards the system through the regulations.Secondly,it summarizes the similarities and differences in the expansion system of the effectiveness of arbitration agreement outside the territory,the main comparison is "the degree of attention to the will of the parties","the subject of the application",and "the decision organ";Finally,we conclude that the extraterritorial effect of arbitration agreement will be expanded.The advanced experience of Zhang system mainly includes the respect of the will of the parties,the relaxation of the written form requirements,and so on,so as to provide reference for the perfection of the relevant system in our country.Chapter four,the perfection of the system of expanding the validity of arbitration agreement in our country.This chapter is aimed at the problems of the expansion system of the effectiveness of the arbitration agreement mentioned in the above chapter,and puts forward the corresponding suggestions,which are mainly about how to perfect the relevant laws of our country;In the aspect of procedure operation,because there is no corresponding operation procedure about this system in our country,the author gives his own opinion on how to run the procedure of expanding the validity of arbitration agreement in practice under the premise of referring to the relevant law;The last part is the right of the non-signatory party to join the arbitration procedure,which we think has the same rights as the original arbitration party.Specific rights will be described in detail in the article.