Research On Validity Of Extension Of International Arbitration Agreement

With the rapid development of the world’s economic,there are many commercialdisputes concerning different countries or peoples. Considering its rapidity andflexibility,arbitration has been accepted and supported by more and morecountries,arbitration agencies and international organizations.Unlike traditionalarbitration,international commercial arbitration has the transnational element, so manyscholars and practitioners began to rethink the deficiencies and shortages of thetraditional theory and system of the arbitration to adapt the needs of the new age andgive it new meaning. Presently,the most distinctive character of arbitration is theextension of validity of arbitration agreement,that is,under some certain conditions,thearbitration agreement not only effect itself on the parties singed on the agreement,butextend to a unsigned third party.The theory of extending validity of the arbitrationagreement is a very important theoretical issue on the development of arbitration,ithas become a bone of contention in view of it breaks through the traditional Doctrineof the Privity and writing rules stipulated by international commercial organizations.This thesis begins from the basic connotation of the international commercialarbitration,expounding the reason,tendency,theoretical support and judicial precedenton the extending validity of the arbitration agreement by four parts.The last part is aconclusion,how to refer and apply the above-mentioned theory after summarizingdeficiencies and shortages of our country’s arbitration system.In the first part,what begin with discussing the restriction from New YorkConvention which requires the arbitration agreement must meet the regulations bothwriting and signing.At the same time,there are many restraints to the development ofthe international commercial arbitration agreement due to the traditional Doctrine ofPrivity.There are two problems,that is,form and theory,need to be solved.We have known two problems including form and theory in the first part.In thesecond part,we would like to discuss some new development trends which manyinternational organizations and countries to deal with the above-mentioned problems.In the third part,the focus is the details of the extending validity of the arbitrationagreement,which including the Company Group Theory, the Contract Group Theoryand Incorporation by Reference.There are three sections to specifically analyzeabove-mentioned four theories. In the fourth part,it will discuss arbitration rules from international arbitrationbodies and arbitration legislations from different countries.Meanwhile,it includessome judicial cases which the bodies and internal courts applying theabove-mentioned theory to solve.In the last part,we need to refer and apply the extending validity of the arbitrationagreement after research our country’s arbitration system.It includes threesections.The last two sections is more important,which including the analyzing of theapplicability of the extending validity of the arbitration agreement and the way oflegislation.