A Study On The Judicial Review Of The Validity Of Arbitration Agreement In China

With the rapid development of international economy and trade,international commercial disputes also increase,which provides opportunities for the development of arbitration.Compared with countries with a long history of arbitration system,the development time of arbitration system in China is relatively short,and many relevant laws and regulations are not mature enough.At the same time,the limitations and nature of the arbitration system itself determine that the judiciary must supervise the arbitration,so it is necessary to standardize the judicial review standards of the arbitration.Before the dispute is submitted to the arbitration tribunal for decision,the court supervises the arbitration agreement,and has different regulations on the supervision time and standard of the arbitration agreement in different countries.However,the overall international legislation trend is to minimize unnecessary intervention to support the development of arbitration.In contrast,China’s review of arbitration agreements is relatively strict,which is different from the international community,which makes the internationalization of arbitration more difficult.China’s judicial supervision of commercial arbitration agreements should be based on the purpose of promoting the development of arbitration,which urges us to innovate the dispute settlement mechanism,but also to constantly improve the existing system.This paper will sort out the typical cases in recent years from the perspective of practice,in order to explore the judicial attitude towards the determination of the validity of arbitration agreement in China,and accordingly put forward some suggestions on the revision of the arbitration law.In addition to the introduction and conclusion,this paper is divided into four parts:The first part is the legislative review of the effectiveness of arbitration agreement in China.First of all,it combs the current laws and regulations on the effectiveness of arbitration agreement from the formal and substantive elements;secondly,it combs the standards of judicial review on the expansion of the effectiveness of arbitration agreement.The second part is the analysis of the deficiency of judicial review of the effectiveness of arbitration agreement in China.Based on the case study,this paper analyzes the deficiencies of the effectiveness of the arbitration agreement in China from the aspects of formal andsubstantive elements,and finds that the problems of the judicial review standard of the arbitration agreement in China are the rigidity of the formal elements,the strictness of the substantive elements and the unclear boundary of the expansion of the effectiveness of the arbitration agreement.The third part is the study of the standards of judicial review of the effectiveness of foreign arbitration agreements.In order to explore the most suitable judicial review standards for the effectiveness of arbitration agreements in China,we should study the effectiveness system of arbitration agreements in foreign countries and draw lessons from it.The fourth part is to improve the judicial review of the effectiveness of arbitration agreements in China.First of all,combined with the advanced legislative experience of other countries and regions,this paper puts forward suggestions to improve the current provisions on the form and substance of arbitration in China;second,combined with the advanced legislative experience of foreign countries and the actual situation of China,it puts forward suggestions to improve the judicial review of the expansion of the effectiveness of arbitration agreements in China.