| International Commercial arbitration has been a important way to solve business disputes. But there are many classes of problems in the arbitration law of China, so there is a wide field to be studied. This dissertation aims to propose tie development of Chinese arbitration industry.The dissertation is composed of the main three sections: judgment to the formality of International Commercial arbitration agreement; and judgment to the flaw of International Commercial arbitration agreement; and the problem of the arbitration force to the party who did not subscribe the commercai contractThe first section mainly discusses about judgment to the "on paper" of commercial arbitration agreement. On the formality requirement of commercial arbitration agreement, every country has reached a united opinion, that is, the agreement is on paper, but on the aspect of how to judge the "on paper" International Commercial arbitration agreement, there are many differences.The second section mainly probes into judgment to the flaw of International Commercial arbitration agreement. Arbitration agreement with flaw is not invalid agreement, they need judging by a certain system.The third section mainly focuses on the arbitration force to the party who did not subscribe the International Commercial arbitration agreement. In this part, toe principle that arbitration agreement automatically transfers with the transference of the contract is mainly discussed.In this dissertation, many attentions are paid to how to establish a standard commercial arbitration agreement, the aim is to ascertain the consciousness and look into measures of protection of the party's interest. In addition, the dissertation supplies some suggestions benefiting the arbitration industry of China.LiYing (Civil & commercial Law) Directed by associate professor ShenYujun... |
