The Reseach About The Problems Of International Commercial Arbitration Agreement With The Effective Expansion

With the background of the support of commercial affairs and encouragement of arbitration, people began to rethink the traditional theory and system of the arbitration to adapt the needs of the new age and give it new meaning. Especially in the performance of the expanding the scope of arbitral agreement.Under certain conditions, not only effect it on the parties entered into an arbitration agreement,but extend to a third party.The arbitral system developing process of the reseach about the problems of international commercial arbitration agreement with the effective expansion is an important theoretical issue, the theory of traditional contract came into conflict with the theory of arbitral agreement,which became the scholars debating and researching focus. Starting with the definition of performance and expanding of arbitral agreement, this article absorbs the latest research results, and discusses the expanding of arbitral agreement efficacy under the specific circumstances of assignment of contract、bill of lading、subrogated right and agency, and puts forward their point of view.In the contract for the transfer case, under the contract, debt obligations and claims for and the effectiveness of the arbitration agreement concluded with the introduction of claims for the effectiveness of the arbitration agreement is extended to the assignee of the debate, combined with China’s specific circumstances, affirmed In the contract, the effectiveness of the transfer of the Arbitration Agreement expansion point of view. In the bill of lading cases, analysis of the characteristics of bills of lading, discusses whether the arbitration clause and the effectiveness of third-party bill of lading holder in the controversy over the situation from the legal practice of the effectiveness of the arbitration clause of the need for expansion. In the case of subrogation, subrogation one can analyze the request for arbitration filed and limits, combined with legislation and jurisprudence of our country proposed the establishment of subrogation arbitration system point of view. In the proxy case, described in the civil law and common law of agency in the Arbitration Agreement, the legal practice in our country that the arbitration agreement in the proxy case, the effectiveness of the feasibility of expansion.By studying the theoretical results at home and abroad and combined with the practical cases, it achieves a legal and empirical unity. And put forward "Arbitration Law" which had modified and support the arbitration agreements to expand combined with legal practice in our country. It plays a important role in promotion of the development of China’s arbitration system.