Comment On The Case Of ZXAUTO And AG Corporation Confirming The Validity Of The Arbitration Agreement

The validity of an arbitral award depends on the validity of the arbitration agreement.The arbitration agreement in practice is complicated.Most disputes are caused by the flaws of the arbitration agreement.There are numerous cases in which there are objections to the validity of the arbitration agreement and the grounds for denying the validity of the arbitral award on this ground.There is no uniform standard for commercial arbitration legislation and practice in countries around the world to determine the effectiveness of international arbitration agreements,and there is no universally applicable international convention.This article analyzes the case in which ZXAUTO and AG confirmed the validity of the arbitration agreement.The arbitration agreement in this case stipulates "arbitration in China in accordance with the rules of the International Chamber of Commerce".This article discusses the validity of the arbitration agreement and the relationship between the arbitration rules and the arbitration institution.First introduce the basic situation of the case,analyze in depth the focus of the dispute and why the Shijiazhuang Intermediate People’s Court and the International Chamber of Commerce’s Arbitration Court reversed the ruling,and compare and analyze similar cases to find out the typical meaning and reference value of the case.In addition to the introduction and conclusion,this article is divided into four parts:The first part is the basic situation of the case,which mainly includes the introduction of the case,the court’s judgment and the legal issues involved in the case.+The second part is the analysis of the focus of the dispute in this case,which mainly includes the following three points: whether the agreed arbitration place is China’s "unknown agreement of the arbitration place";whether the agreed arbitration rules are equivalent to the agreed arbitration institution;legal interpretation of the arbitration agreement caused by translation.The third part is the comparison and inductive analysis of this case and similar cases: the main comparison is the Tata Case,Xupulin Case,and Ningbo Yisheng Case."The fourth part is the three enlightenments of the validity of the international commercial arbitration agreement in this case: to improve the relevant provisions of the arbitration law,the first is to suggest an explanation of the "unknown agreement on the place of arbitration," and the second is to relax the provisions on the arbitration agency in the arbitration agreement.Clarify the rules of interpretation of the arbitration agreement and the relief of translation disputes.