Analysis Of The Series Of Arbitration Cases Between Ruifu Ship Management Co., Ltd. And Shandong Zhenhong Energy Co., Ltd

With the frequent occurrence of international commercial disputes,international commercial arbitration has become more and more popular as one of the effective ways to resolve disputes.The principle of competence-competence is an important rule in international commercial arbitration.Since the implementation of China's Arbitration Law,China has confirmed the principle of competence-competence.However,due to the late start of arbitration practice in China,there are legal gaps in the negative jurisdictional conflicts of arbitration institutions.This is not conducive to the settlement of disputes between the parties to the arbitration,but also not good to the development of international commercial arbitration.This article hopes to analyze one specific case and the two major issues of the case: the issue of negative conflicts of jurisdiction and the effectiveness of arbitration clause to point out the difficulties in the operation of the principle of competence-competence in China,and the loopholes in the judicial review system of arbitration in our country,In the end,to make suggestions for it.An arbitration clause "ENGLISH LAW TO APPLY ARBITRATION IN XIAMEN/FUJIAN/CHINA" has been affirmed many times in different courts in China under to different procedures.Different courts hold different opinions.The court and the arbitration institution respectively make two legal documents that essentially negate each other.This tortuous process reflects the problems in China's current judicial review system of arbitration.The second part focuses on the analysis of the first issue,starting from the issue of legal application of foreign-related provisional arbitration clauses and legal validity.The third part focuses on the analysis of the second issue.By exploring the relationship between competence-competence and judicial review power,analyzing the causes of China's arbitration negative jurisdiction conflicts,it is pointed out that the judicial review system of China's arbitration jurisdiction disputes has some problems,like the lack of coordination between trail and arbitration.The fourth part takes the case as a starting point,sorts out the current status of relevant legislation,and provides opinions and suggestions for the complete of the judicial review system for disputes over arbitration jurisdiction in China.