On The Arbitration Agreement The Force Of Law

The arbitration agreement is the entire cornerstone of arbitration system. An effective arbitration agreement can award the arbitration organization or the arbitrator by arbitrates the jurisdiction, removes the court the jurisdiction, the direction arbitration procedure, entrusts with the., potency which the arbitration ruling enforces, the legal effect of the arbitration agreement then becomes in the arbitration theory.and the arbitration practice a very important question.The effective arbitration agreement must have the legal form. Looks over the various countries arbitration legislation, requests the arbitration agreement is the written form mostly. "The New York Joint pledge" also requests the arbitration agreement for written. Along with the electronic commerce vigorous development, the on-line arbitration agreement arises at the historic moment Not because the on-line arbitration agreement form is different with the traditional written form but to deny its potency, was recently the various countries arbitration legislation tendency, suggested carriying on the revision or the expanded explanation to "the New York Joint pledge", by caused the on-line arbitration agreement the form question as for not to become the recognition and enforcement of foreign arbitral awards hindrance factor. The effective arbitration agreement has it to constitute the important document specially: One, the agreement arbitration item has may the execution;Two, the arbitration agreement has may the execution. Suggested when our country arbitration act revision expands the arbitration scope, and will arbitrate in the agreement to have to agree the arbitration organization the stipulation deletion.The arbitration provision and the host contract may separate, the arbitration provision potency does not rely on the host contract, the various countries and our country all accepts and the practice applies this viewpoint According to the contract relativity principle, the arbitration agreement does not restrain outside the litigant other people, but along with the legal science theory renewal, the arbitration agreement potency may extend to litigant's outside other people. Such situation includes: The contract transfer, fords his contract, the generation of position power form, the agent, legal person's merge with establishes separately, "opened the company veil" the theory and so on. After arbitral awardsby court cancellation, originally effective arbitration agreement not therefore but is invalid or expires. The arbitration agreement potency, needs the specific organization to carry on the determination.