Research On The Dispute Of Commercial Arbitration Jurisdiction

Commercial arbitration is an important way to solve civil and commercial disputes.With the continuous attention of the country and the continuous improvement of itself,arbitration institutions in various regions have a good development trend in recent years.Arbitration has its advantages in voluntary,efficient,authoritative,professional and flexible aspects.At the same time,there are many problems in the development of arbitration.Among them,jurisdiction is an important issue.A big difference between arbitration jurisdiction and litigation jurisdiction is that arbitration jurisdiction has a strong contract nature.Arbitration jurisdiction must be based on the agreement of arbitration agreement.This paper consists of four parts.The first part is the introduction of commercial arbitration and the difference between the commercial arbitration and lawsuit,after the concept of commercial arbitration jurisdiction and the jurisdiction of the commercial arbitration is based on an arbitration agreement,the arbitration is essentially a kind of agreement jurisdiction,the arbitration must have an arbitration agreement,but in the practice of case,conditioned by various factors,the arbitration agreement will not apply on mechanical,the face of the arbitration agreement shrink or enlarge the applicable problem,namely the problems involving in some have arbitration agency without jurisdiction over the parties.The second part mainly selects several common arbitration jurisdiction disputes in practice to elaborate,these issues are also relatively representative,covering arbitration law,company law,contract law,judicial supervision of arbitration and other aspects.For example,the arbitration agreement signed by the branch company has jurisdiction disputes on whether the head office is binding,jurisdiction disputes in subrogation right,inconsistency between the main contract and the contract jurisdiction agreement,construction project construction contract involving the actual constructor,arbitration jurisdiction decision institution,etc.The third part is the principle of solving the jurisdiction problem.Through the introduction of these issues and theoretical analysis,from the relativity of the contract,the basic legal relationship,balance of interests and other aspects of the study,establish some principles of arbitration jurisdiction issues.The fourth part is an analysis on the second part of the proposed problem answer,it is concluded that branch of the arbitration agreement binding on corporation,the creditors are restricted by the jurisdiction of the arbitration agreement the obligor and the secondary obligor,subrogation rights can eliminate the arbitration jurisdiction,the decision of the arbitration jurisdiction institution shall be the arbitration tribunal or court and so on.