The Study On Overseas Arbitration Of Non Foreign Disputes

The agreement of non foreign dispute overseas arbitration is a new situation in China's arbitration practice in recent years.There is no explicit provision in the legislation.In judicial practice,the Supreme Court's opinion on non-foreign-related disputes shall not agree on overseas arbitration,but the reasons for its reasoning and argumentation are not sufficient.There is no consensus in academic circles.One party tends to consider the arbitration agreement invalid.The other party believes that the real wishes of the parties should be respected in line with the principle of supporting arbitration.Starting from the judicial practice in China,this paper discusses the problems that need to be clarified and solved in the non-foreign-related dispute arbitration.Paper first part embarks from the typical cases,lists different cases in the judicial practice in our country,explore the court inconsistent results,and find to clarify and solve the problem: cognizance standard of foreign-related disputes,outside the foreign-related disputes arbitration rules are not clear and the question of whether our country travel agency standard properly.The second part,from the theoretical perspective,explores and analyzes the theoretical disputes that lead to non-foreign-related disputes in overseas arbitration.This paper discusses the theoretical connotation of the contract theory of arbitration and the theory of judicial power and analyzes the theoretical choice of China from the practice of Chinese courts.The third part is the international investigation,which makes a systematic investigation on the provisions of international treaties and extraterritorial legislation and makes a practical investigation on the judicial practice of foreign arbitration of non-foreign-related disputes,mainly including the judicial practice of Italy,the United States and India.Finally,the fourth part of the thesis is about the system perfection of our country.The Belt and Road Initiative and the establishment of the free trade zone have putforward higher requirements for the internationalization and openness of the commercial arbitration mechanism.The internationalization and opening level of arbitration industry in a country should be reflected in allowing domestic civil and commercial disputes to be submitted to foreign arbitration and allowing foreign arbitration institutions to arbitrate in China.Therefore,this chapter responds to the actual needs of the internationalization of China's commercial arbitration system.