Arbitration Jurisdiction And Of Suicides Jurisdiction Principle

Arbitration is a method for resolving disputes between parties in private as an alternative to litigation in the courts. For its granted advantage, arbitration is become the most popular way to resolve dispute in international communication. Competence-competence is the principle pursuant to which a determination is made as to how the authority to decide issues is allocated between courts and arbitrations. It is widely accepted by international arbitration and recognized by most jurisdictions; however, it's not accepted by China. This thesis that tries to seek the essence of theory and practice of this principle by the means of researching the history and natural of arbitration, can be separated into four parts, as follows:First part by researching the historical background and nowadays practice of arbitration through the methods of historical analysis, this thesis revealed the core value of arbitration which is contractual, spontaneity and folk. Therefore, it comes to the point that China has no real arbitration in the ancient times. A study on the theory of arbitration agreement in order to prove the rationality of competence-competence principle. After the research, it comes to the conclusion that the arbitration tribunal may rule on its own jurisdiction, including any objections with respect to the existence or validity of the arbitration agreement by the substantial right from the party's autonomy.Second part is focus on comparing the development of arbitration between British and China. British arbitration is hereby chosen to compare because China has been going thought a similar course of recognition the value of arbitration to it. Still, British arbitration act in 1996 has lots of merits that worthy China to as reference. So this part expresses the legislation before and after the 1996 British arbitration act, and comes to the conclusion that China should accept competence-competence principle and ad hoc arbitration.Third part is researching on the issue of allocation between arbitration tribunal and jurisdiction. The model of relation can divide into:pro-arbitration stance and concurrent control stance. The view of this part is that legislation should not only accept the competence-competence principle but also have a good arrangement on this issue.Forth part is a summary to the above. The main problem that faces China is: jurisdiction-centered doctrine, administrative turns of arbitration and the Non-internationalization of arbitration legislation. Keep pace to the , China should have a optimism mind toward the competence-competence principle and ac hoc arbitration.