Research On The Validity Of International Commercial Arbitration Agreement

Arbitration has been an important approach of international business disputes among parties involved as arbitration boasts flexibility in applicable laws, efficiency in legal procedures and the finality of arbitral award appreciated by the concerned parties with deeper economic communication among all countries. The international commercial arbitration agreement is the premise for the concerned parties to solve disputes. Whether the international commercial arbitration agreement can take effect, whether the arbitration organization has jurisdiction, whether the arbitration is revoked and whether the arbitral award all effected by the validity of international commercial arbitration agreement.The validity of the international commercial arbitration agreement is a confirmed state, no matter the validity is valid or invalid. The validity can be judged by the complete effective factors. Therefore, this paper analyzes the effective factors of international commercial arbitration agreement, concluding the legal effect and the expansion of intentional commercial arbitration agreement firstly. Secondly, this paper focuses on the research of pathological arbitration agreement, covering the effect of different kinds of it, considering the pathological arbitration agreement in international commercial arbitration is particular. Thirdly, from the two angles of belonging of the judgment and the proper law, this paper covers the determination of effectiveness of the international commercial arbitration agreement. Finally, this paper also combines relevant regulations of China’s international commercial arbitration agreement and offers referential suggestions in terms of the construction China’s international commercial system and the completion of its legislation.