A Study On The Validity Extension Of Arbitration Agreement Over Creditor’s Subrogation Disputes

With the continuous innovation of the Internet new property disputes and market transaction structure,contract involvement and interaction have become the typical characteristics of civil and commercial disputes in recent days.As one of the debt’ s preserve measures,creditor’s subrogation system breaks the relativity of obligatory rights,effectively reduces the practical risks brought by the relativity and equality of debt,and to some extent solves the increasingly frequent "triangle debt" and "chain debt" and other difficult debt problems.The norms about creditor’s subrogation was clearly defined in Chinese company law legislation.Combining with the specific provisions in the interpretation of contract law(I),it can be seen that the law only permits to exercise the subrogation through litigation.However,when the debtor and the subordinate debtor had an arbitration agreement in advance,the subordinate debtor is likely to challenge the court jurisdiction in accordance with their written agreement,resulting in a conflict between the litigation and the arbitration jurisdiction.The core reason for the conflict is that there is no clear regulation about whether the arbitration agreement is binding upon creditor.Moreover,the lack of uniform trail standard gives rise to totally opposite judgment views on this issue,which also leads to the dilemma that creditor is trapped in no way to safeguard his rights.Except for introduction and conclusion,the main part of this paper is divided into four sections:The first part is the practical dilemma of subrogation.This part firstly summarizes the possible conflicts of arbitration agreement defense in the practice of subrogation and puts forward the most controversial types of jurisdictional conflict for in-depth study.At the same time,it introduces academic controversies about whether the arbitration agreement between the obligor and the subordinate obligor is binding upon the creditor.Then the paper represents different judicial opinions of the court through case analysis and data mining.According to the result of empirical research,the author raises the core argument of the thesis——the arbitration agreement signed in advance by the debtor and the subrogation debtor should be binding upon the creditor.The second part analyzes the legitimacy of the validity expansion of arbitration agreement in subrogation disputes.In this part,the author uses the dialectical method of combining theory with practice to demonstrate the legitimacy of the validity expansion of arbitration agreement from the perspectives of subrogation theory,arbitration theory and exception to privity of contract.The third part is about the domestic and international arbitration practice of validity extension of the arbitration agreement.This part makes a comparative analysis of relevant legal systems and arbitration practices at home and abroad,and tries to summarize enlightenments to the construction of a third party participation rule in the arbitral activities in China.The fourth part is the construction of the validity expansion system of arbitration agreement in subrogation disputes.Combined with empirical study and theoretical analysis,this part proposes an overall framework of the third party arbitration system.According to the system,the author try to establish an efficient mechanism for the creditor to exercise subrogation through arbitration procedure in subrogation disputes,in order to further improve the appropriate way of exercising subrogation,efficiently solve the multi-party disputes and efficiently protect the legitimate rights and interests of all parties.