Analysis On The Validity Of Arbitration Agreement In Long Li De Case

Arbitration agreement is the fundament of the arbitration, which determines the validity of the arbitration award, the arbitration agreement's form varies in practice so the Laws. In the judicial practice, there are many cases of objections to validity of arbitration agreement, and cases of negating the validity of the arbitration agreement on the grounds of the validity of the arbitration agreement. There is no unified standard to determine the validity of international arbitration agreement among international commercial arbitration legislation and practices, And there are no international standards for such a determination. This paper studies on the Reply of the Supreme People's Court to the Request for Instructions on Application for Confirming the Validity of an Arbitration Agreement in the Case of Anhui Long Li De Packaging and Printing Co Ltd. v. BP Agnati S. R. L, and discussed the arbitration agreement validity problem in applicability of Conflict Law and applicable law, as well as the revelation China's arbitration practice. we will show you in four sections.Part1, introduce questions. we will introduce the typical case LongLiDe and state the purpose of adjudication first.Then rise questions of discussing the arbitration agreement validity problem in applicability of Conflict Law and applicable law.Part2, analysis of Conflict of law of validity of an arbitration agreement in the case of LongLiDe. This section discuss the legal application of Validity of an arbitration agreement in the case of LongLiDe, analysis and comment on three conflict-of-laws rules. They are The Supreme People's Court Interpretation on the application of the" Arbitration Law of the People's Republic of China,Law applicable law of the People's Republic of China concerning foreign-related civil relations and Interpretation of the Supreme People's Court on Several Issues concerning the application of the law of the People's Republic of China concerning foreign-related civil relations(a).we analysis case LongLiDe and come to a decision that the application of the arbitration law is to determine the applicable law of the validity of the arbitration agreement in this case.Part 3, analysis whether the arbitration agreement in the case LongLiDe is valid with the Chinese law. With applicable law to identify the validity of arbitration agreement of arbitration court of the International Chamber of Commerce in Shanghai, China. The key issues is whether the arbitration court of the International Chamber of commerce should be understood as the Arbitration Commission of the Arbitration Law of China.Part 4, to highlight the problems existing in the practice of arbitration agreement in the arbitration agreement and to get advice of improving our country's arbitration and revelation of how to deal with the arbitration industry by analyzing the validity of an arbitration agreement in the case of LongLiDe. in practice of arbitration,We should improve the law applicable to the validity of the arbitration agreement in the law applicable law in legislation, and open arbitration service market manage the arbitration Market efficiently, allow foreign arbitration institutions to arbitration in China, find the strategy to deal with the new condition which foreign arbitration will entry Chinese arbitration industry, avoid similar problems to follow up the trend of the times and keep up with the international arbitration.