Research On The Arbitrability Of Disputes

As an important means of resolving civil and commercial disputes,arbitration has a long history in the world,dating back to the Roman era.Arbitration and litigation are two important means to resolve civil and commercial disputes.Each has its own focus: litigation focuses on strict legal provisions with facts and laws as the core,and arbitration is more flexible and more prominent.In addition to the performance of the guarantee contract,the arbitration can resolve the dispute according to law and fairness and reasonableness,so that the parties can continue to maintain the economic relationship of communication and cooperation.Therefore,compared with the litigation,it is more suitable for the development of the market economy.As a legal system for resolving disputes and promoting cooperation,arbitration is an integral part of China’s socialist market economic system.Serving the market’s main body is its essence.In the case of arbitration,the arbitrability of the dispute plays a pivotal role in the system.Only by clearly defining the scope of arbitration,the accurate division of labor between the arbitration institution and other dispute resolution institutions can better combine the characteristics of the dispute actuality and the dispute resolution model,and select the optimal dispute resolution method.More importantly,whether the dispute can be submitted to arbitration as a standard for dissolving the dispute resolution model can facilitate the arbitral tribunal to determine what disputes can be accepted and what disputes are not admissible.This applies to the arbitral tribunal accurately applying arbitration rules and arbitration procedures,and maintaining the parties.It is vital to have a legitimate interest and make a correct decision.In recent years,the number of civil and commercial disputes has risen steadily with the rapid development of the social economy.In addition,the implementation of the registration system has led to the increase in the number of court cases,such as “spurt-type”.Arbitration is favored by the parties because it has the characteristics of fully respecting the party’s autonomy,speed,procedural flexibility,low cost,and keeping the secrets of the parties in line with the needs of civil and commercial dispute resolution.As the parties choose arbitration as the solution to the increase in the number of civil and commercial disputes,the issue of arbitrability of disputes has become increasingly apparent and aggravated in judicial practice.This article revolves around the issue of arbitrability of disputes,which is intended to solve the problem of which disputes can be handled through arbitration,with a view to having a positive effect on China’s arbitration legislation.The first chapter is an overview of the arbitrability of the dispute.This chapter mainly clarifies the relevant theoretical issues of dispute arbitrability.Firstly,it introduces the concept of dispute arbitrability and analyzes the two related concepts of arbitrability and arbitrability of disputes and arbitration jurisdiction.Secondly,it points out the legality,country and stage characteristics of dispute arbitrability.Finally,it discusses the theoretical basis of the arbitrability of disputes,namely the principle of autonomy of will and the limitation of public policy,and expounds the significance of the arbitrability of disputes.It can determine the validity of the arbitration agreement,the determination of the jurisdiction of arbitration,and whether the arbitral award can be obtained.The recognition and enforcement of the court,and even whether it has been revoked,has an important impact.The second chapter is the status quo of the system and practice of dispute arbitrability in China.This chapter mainly deals with two aspects.First,the status quo of legislation and practice of dispute arbitrability in China.Firstly,it introduces the legislative status of dispute arbitrability in China from the aspects of law,judicial interpretation and arbitration rules,and then collects a large number of An empirical analysis of the relevant cases of dispute arbitrability.Second,on the basis of the first question above,it points out the shortcomings in the current legislation and practice of dispute arbitrability in China: 1.The standard of dispute arbitrability is not clear;2.The Arbitration Law of China is about disputes.The arbitral provisions are more conservative;3.The scope of dispute arbitrability matters is too narrow;4.The provisions on the initiation of arbitration for judicial arbitral disputes are flawed;5.The arbitrability provisions for special disputes are ambiguous.The third chapter,the disputes in the comparative law can be investigated arbitrarily.This part first introduces the internationally influential international conventions,the relevant provisions of the arbitration rules on the arbitrability of disputes,and the arbitrality and development process of the arbitration law of several major countries on disputes,and then introduces the extraterritorial disputes.The criteria and influencing factors of arbitrability,and finally summarizing and summarizing the international development trend of arbitrability of disputes from the perspective of comparison,the scope of arbitration can be expanded continuously,and the influence of public policy on arbitrability is gradually weakened.Admit that international disputes can be arbitrated to domestic disputes and can be arbitrated.The fourth chapter is the improvement of dispute arbitration in China.This chapter puts forward corresponding suggestions for improvement in the legislation and practice proposed in the second chapter,and hopes to promote the issue of dispute arbitrability.In terms of specific content,it involves three aspects: first,the concept of dispute arbitration in China should be consistent;second,to improve the specific provisions of dispute arbitration in China;third,to improve the relevant supporting measures for dispute arbitration in China.