Review On The Extension Of Validity Of Arbitration Agreement In Commercial Arbitration

As is well-known to all,with the international tendency of supporting and encouraging arbitration,the position of arbitration among the civil and commercial disputes' resolution is being raised.The arbitrability which is the range of issues that can be arbitral and the arbitrating subjects are also extended.Among the extension,one extension under some circumstances is that the validity of the arbitration agreements can be extended to the nonsignatory third party.The dissertation is composed of foreword,text and conclusion.And the test is composed of four chapters:Chapterâ… The basic issues of the extension of the validity of arbitration agreements.This Chapter starts with analyzing formal and substantive factors of the validity of the arbitration agreements to the question of the extension of the validity of the arbitration agreements.Chapterâ…¡The sustentative legal theories pertaining to the extension of the validity of arbitration agreements.This chapter introduces the principles of Equitable Estoppel,Disregard of Corporate Personality, theory of alter ego and Fair and Reasonable Expectation,so as to analyze the justice of the extension of the validity of arbitration agreements.Chapterâ…¢The legal obstacles of the extension of the validity of arbitration agreements and the breakthrough of it.This chapter mainly introduces some legal obstacles for the extension of validity of arbitration agreements-requests for written arbitration agreements,autonomy of the arbitration agreements and privities of contracts.Then by introducing and analyzing the interpretation for the extension of written forms and the exception of privities of contracts,the chapter analysis and disclose the reason for the extension of arbitration agreements' breakthrough of the traditional theories.Chapterâ…£The practices of the extension of the validity of arbitration agreements to the nonsignatory third party.This chapter analyzes circumstances including assignment of merger of legal person,division of legal person,contract,agency,consolidation and Bill of Lading,and so on.