Study Of International Commercial Arbitration Agreements

An entire and systematic discussion has been made in this article on the Independence of Arbitration Clause, the Effective terms of Arbitration Agreement, Applicable Law to Arbitration Agreement and confirmation on the validity of Arbitration Agreement made by Institution, etc. By comparing studies on Chinese and international Arbitration Agreement legislation and practice, the author tries to find some questions and deficiencies and submit the amendments of his own.Arbitration Clause can be independently existed from the Contract it relies on. This has already been confirmed by the legislative and judicial practice of all countries. There are still different opinions on whether the Independent principle of Arbitration Clause is suitable or not in some special occasions. To support Arbitration, the Independence of Arbitration Clause should be correctly realized and understood in the judicial practice and the validity of Arbitration Agreement should be kept as far as possible.From the form of important document, most countries in the world including China require Arbitration Agreement to be in "written form", and the intension of "written form" has been explained more widely. From the content of important document, in China's Arbitration Law the stipulations are too strict and stiff, especially the stipulations of Arbitration organization should be improved and perfected as soon as possible.The focus matter of Applicable Law to Arbitration Agreement is the validity of Arbitration Agreement. Which law is suitable for making decision on the validity of Arbitration Agreement is straight to the validity of Arbitration according to Arbitration Agreement. In the practice of International Commercial Arbitration, there are much difference in the law of every countries, therefore, we should make specific analysis on specific case following the principle of Parties' idea autonomy and the principle of the closest relationship.In the practice of International commercial Arbitration, the validity of Arbitration Agreement is always connect with Arbitration Jurisdiction. In the Law of all countries, Institution has the right to make decision on the validity of Arbitration Agreement and its Jurisdiction. But according to China's Arbitration Law, Arbitration Committee has this right and thus deprives the right of Arbitration court. So the doubts raise for the Independence and justness of the Arbitration and this should be corrected and consummated as soon as possible.