Agreement On The Foreign Arbitration Institutions Of Cases Without Foreign Factors

Along with the specification of arbitration law and judicial interpretation, to ourcountry the validity of the arbitration agreement is regulated from the pros and cons.But considering the arbitration just begins, it is still in groping stage, the rules of theeffectiveness of arbitration agreement is very principle, which leads to the fact that therules are difficult to be a clear guidance that effectiveness of arbitration agreement inthe case to solve the actual problem. At the same time, the supreme people’s courtissued the "about the people’s court for handling foreign-related arbitration andforeign matters related issues notice", the "quasi judicial interpretation" file specifiesthe court for foreign-related arbitration agreement (including Hong Kong, Macao andTaiwan) be ruled invalid case system of rules and regulations.These rules make up the "arbitration law" the shortage of the effectiveness ofarbitration agreement concluded that too principle, also formed a series of thesupreme people’s court in the case of this field. Although China is not the case lawcountries, the superior court precedent for the lower court is not, of course, thebinding of similar cases in the future, but the approval of the supreme people’s courtfor case still has very important reference role, but also contains the future law orjudicial interpretation of the orientation and value orientation.This article plans through to Jiangsu space o wind power equipmentmanufacturing co., LTD. And Kurt wind blade products (Tianjin) co., LTD., apply toconfirm the effectiveness of arbitration agreement dispute as an example, this paperhas no cases involving foreign element to the provisions of the foreign arbitration institutions create the corresponding problems. Full o from Jiangsu, in case ofsurrounding the case involving several aspects to analyze: definition of foreign-relatedfactors, the provisions of the arbitration institution abroad, effectiveness of arbitrationagreement.Through the analysis of the court’s attitude towards these problems and theauthor himself attitude to explain in this case the parties deemed invalid arbitrationagreement to determine reasonable or not, and throughout our country in thesupervision of international commercial arbitration court make a positive effort.In the domestic and foreign arbitration agency agreed by the parties to thearbitration agreement is invalid, the supreme people’s court in our country through theappropriate approval, for such cases the decision was given. From the Supreme Courtapproval, we can see China’s consistent position judicial authority for such problem,but such a decision may be contrary to the choice of party autonomy of arbitrationagreement. This article from the supreme people’s court for approval of Jiangsu spaceo wind power case, analysis of the supreme people’s court in the case of domesticforeign arbitration agency agreed upon in the attitudes and practices, and the briefanalysis of the provisions of the foreign arbitration institution’s influence on theeffectiveness of arbitration agreement, thus put forward their own views, to take arational thinking about the existing relevant laws and judicial interpretations andapproval purpose and intention, makes every effort to do it neither blindly chide thepursue is perfect, also don’t blindly advocate USES the most advanced theory isintroduced into our country’s legislation and judicial practice, but the attitude of thespirit of pragmatic rationality problems in practice.