Research On Jurisdiction Of International Commercial Arbitration

Jurisdiction of international commercial arbitration is the question which must be settled to start international commercial arbitration procedure.Before accepting a case,the arbitral tribunal must first judge if he has the jurisdiction.if he hasn't the jurisdiction,he won'accept the case,if he has,he will start the arbitration procedure.In the process of arbitration procedure, parties can raise objections to jurisdiction,if objections are legal,the arbitration procedure will end,if not,the arbitration procedure will go on,but efficiency of arbitration has been influenced. After working out arbitration award, if jurisdiction is legal is the one of questions the court will think over to decide if he will recognize and carry out the award. The problem about jurisdiction of arbitration is throughout the arbitration, so it is very important to research jurisdiction of arbitration. By this,we can think out controversial questions,then reach logical theory to promote the development of international commercial arbitration, making it serve international trade better.The author writed the article based on the thought.The article makes up of four chapters.In the first chapter,the author introduces the international commercial arbitration.As the basic knowledge for studying jurisdiction of international commercial arbitration, the concept of international commercial arbitration and features are researched in the chapter.In the second chapter, the author research intensively jurisdiction of international commercial arbitration.The chapter is key point. The author first studies the difference between jurisdiction of arbitration and right of acceptance of arbitration institutions,then reach a conclusion that the arbitral tribunal is the body which has the jurisdiction of arbitration.Then the author probes into the factors determining jurisdiction of international commercial arbitration which is the point of in the chapter.The author think about questions about international commercial arbitration agreement,it consists of basic knowledge,essential elements of arbitration agreement,the autonomy of arbitration clauses,efficacity of arbitration agreement.Via looking up a great mass of data and analysing and comparing legislation,practice and theories, the author reaches reasonable conclusions. Because there are less theories about the competence of arbitration institution/the arbitrator and the arbitration application,the author just does general research.Objections to jurisdiction of international commercial arbitration is in the third chapter, it is also important. The chapter begins with basic theories of Objections to jurisdiction of international commecial arbitration,what is next is the research on the time limit Of raising objections to jurisdiction.Study about the institution to deal with objections to the jurisdiction is very important. After deeply thinking about competence/competence v.concurrent control,the author accepts the doctrine of autonomy of jurisdiction of arbitral tribunal.The fourth chapter is research on the legislation of jurisdiction of chinese international commercial arbitration.after analysing chinese arbitration legislation and international advanced theories,the author fings out irrational provisions and puts forward constructive criticism view to improve legislation.