The Recent Development Of The Jurisdiction Of The International Commercial Arbitration

This article has the opinion that international commercial arbitration jurisdiction is affected and limited by a number of factors. Besides the three basic factors, that is, the arbitration agreement, the arbitrability of disputed matters and the competence of arbitral institutions(or tribunals) that the theoretical circle broadly recognize, it is also affected and limited by the two important factors of "international" and "commercial". In view of this, I have done discussion in a detailed way on the influence of the above-mentioned respects on the late development of the international commercial arbitration jurisdiction. The autonomy or separability of the arbitration agreement and "competence-competence" are two very important doctrines or principles that developed and were established in the near decades, and which have been and are exerting a significant influence on arbitration jurisdiction. Therefore, they are discussed as two major questions in this article.The author has made some brief review on the arbitration legislation of our country in relevant parts, pointing out the existing legislative problems, giving some advice and expressing hopes, with a view to give an impetus to the country's arbitration legislation and the industry.Respecting party autonomy, giving support to arbitration and expanding the range of arbitral jurisdiction as fully as possible, is the late development-characteristics of international commercial arbitration jurisdiction and its irreversible future trend.