Research On The Objection System Of Arbitration Jurisdiction In China

The value of arbitration is embodied in fairness,efficiency and professionalism,many civil and commercial subjects choose arbitration when dealing with civil and commercial disputes,the arbitration jurisdiction objection system is of great significance,the current system of arbitration jurisdiction objection in China needs to be further studied and perfected,and the related arbitration concepts also need to be established and developed urgently.There are four chapters in the article.The first chapter expounds the basic problems of objection to arbitral jurisdiction.First of all,through the introduction of the definition of the system,including the narrow sense and broad sense,and determine the scope of this study.Thirdly,it introduces the basic characteristics of arbitration jurisdiction objection system,including the judicial review system of arbitration administration,more emphasis on party autonomy compared with civil litigation,and introduces the basic principles.The second chapter analyzes the specific status of the current arbitration jurisdiction objection system in China.This paper introduces the procedural provisions,and analyzes on the types of the objections to the arbitration jurisdiction,including the absence or invalidity of the arbitration agreement,the disqualification of the arbitration institution,and the disqualification of the arbitration parties,etc.The third chapter puts forward the deficiencies in the legislation and the problems in practice of the objection system of arbitral jurisdiction in China.By searching the written decisions of the cases of applying for confirming the validity of arbitration agreement in our country,Where an application is made to set aside an arbitral award and a written decision is made not to enforce the arbitral award,Cases involving objections to arbitral jurisdiction were screened,and select some typical cases to study,discovering the problems existing in the legislation and judicial practice of this system,fall into three categories,Including the unclear status of the non-party in the arbitration jurisdiction objection system,the failure to establish the principle of self-adjudication jurisdiction and the resulting specific problems in the arbitration judicial review,the absence of detailed provisions on some of the jurisdiction objection,while pointing out the specific analysis,including the causes of the problem and the adverse effects caused by the problem,and so on.The fourth chapter is the key content of this article,is to improve the arbitration jurisdiction objection system recommendations.Aiming at the problems raised in the third chapter,the author takes the relevant theoretical principles of the field to which the problem belongs as the theoretical support,mainly including the relevant theories of the principle of self-adjudication jurisdiction,the theory of relativity of contract,the theory of expansion of the validity of arbitration agreement and the content of the jurisdictional principle of arbitration agreement.This paper introduces the advanced legislative experience of foreign countries,Hong Kong and Macao,analyzes on the merits of the advanced legislative experience,and compares the advanced legislative experience with the advanced legislative experience of China,so as to give the concrete solutions to the three kinds of problems put forward in the article.