On The Expansion Of The Effectiveness Of Arbitration Agreements

The arbitration agreement is the embodiment of the party's autonomy and the foundation of arbitration.In some special cases,the party of the arbitration agreement is not initially entered,if the party will be strictly limited to the signing one,it will violate the substantive rights.In this situation,we need to expand on the validity of the arbitration agreement to effectively solve this kind of dispute.This paper first explains the necessity of the expansion of the validity.Second,five aspects of the validity of the arbitration agreement by no signed party are discussed,they are the principle of estoppel,legal personality negation principle,fair and reasonable expectation principle,the right of subrogation and the superiority of arbitration system.Third,the writing form,independence,contract of arbitration agreement are broken through.Finally,in order to realize the legalization of solving disputes,some suggestions are shown to push the theory into legislation,including basic principles and specific circumstances of expansion.