Theoretical Issues Related To International Commercial Arbitration Agreements

With the China’s entry of WTO and its fast economic development, foreign tradeand business will undoubtedly increase. Thus economic disputes occur accordingly.How to solve such disputes and what is an efficient way of solving them is not only aproblem to the participants involved, but a subject to each state’s legislative body andto scholars. Participants involved in the world trade and business have right to chooseway of solving disputes between them, and arbitration which is regarded as animportant way of solving international economic disputes like litigation, becomestheir satisfactory choice in view of its merits compared to litigation. It has greatsignificance to do some research on the validity of international commercialarbitration agreement for it is the basis of the international arbitration as well as acrucial document to international arbitration.In this paper, author introduced the legal nature of the international commercialarbitration agreement first, then probe into the relationship between the legal natureand effective elements of the international commercial arbitration agreements. At thesame time, by means of combining theory discussion and practical development and aresearch perspective of forming the general to the particular, center oh the key word"validity", conduct in-depth analysis from the form of the arbitration agreement formrequirements to the substance of the effective elements combine actual cases, analysislegal requirements of the validity of the arbitration agreement. The purpose of thisresearch topic is: by studying with the international convention and the provisions ofrelevant legislation of different countries, principles and practice, concludinginternational development trends of the qualification of international commercialarbitration agreements. at the same time, by comparing to the theory and practice ofprovisions of relevant law of our country.，analysis the defects and shortcomings ofthe qualification of validity of the arbitration agreement to make relevant legislationof our country become more perfect.In this paper, on the topics discussed from four chapters. The first chapter is thethree part of the concept of international commercial arbitration agreement, the characteristics and composition of elements to elaborate.The second chapter describesthe applicable law of arbitration agreement，Laws are applied, were selected from theapplicable law of arbitration and arbitration powerful laws are applied in three parts todescribe.The third chapter is to discusses the concept and the applicable law ofarbitration agreement, the effectiveness of the further study on the problems of thearbitration agreement，This chapter also discusses four parts，It is the effect from theindependence of arbitration agreement accrediting agencies, the validity of thearbitration agreement, the arbitration clause and the expansion of arbitrationagreement.The fourth chapter is on the discussion of the arbitration agreement afterthe positive effect, from the opposite to discuss the validity of that flawedinternational commercial arbitration agreement.