Research On The Expansion Of The Effectiveness Of Arbitration Agreement

At present,with the rapid development of social economy,civil and commercial exchanges are becoming more and more frequent,and a large number of disputes emerge.As an important dispute resolution mechanism,arbitration is favored by all commercial transaction subjects based on its own efficient and convenient characteristics.With the continuous improvement of the status of arbitration in civil and commercial dispute settlement,the scope of arbitratable matters and arbitration subjects is also expanding.At the same time,it is also facing more new problems and new challenges,especially the expansion of the effectiveness of arbitration agreement.This paper will explain the expansion of the effectiveness of arbitration agreement,analyze and learn from the provisions of foreign countries and institutions,analyze the current situation and existing problems in China,and finally put forward the improvement countermeasures and system construction ideas.In addition to the introduction and conclusion,the full text is divided into four chapters.The first chapter is an overview of the expansion of the effectiveness of arbitration agreement.The first is the definition of the expansion of arbitration agreement;Secondly,it explains the legal basis of the expansion and demonstrates the rationality of the expansion of the effectiveness of arbitration agreement,which mainly draws lessons from the relevant theories of civil law and contract law;Finally,it introduces the legal value of the expansion of the effectiveness of arbitration agreement.The second chapter is a comparative analysis of the provisions on the expansion of the effectiveness of arbitration agreements in extraterritorial countries.Firstly,it introduces the relevant provisions of foreign countries(Britain,the United States,the Netherlands and Belgium)and arbitration institutions,and analyzes the attitudes of various countries towards the expansion of the effectiveness of arbitration agreements;Then it summarizes the foreign advanced legislative experience to provide reference for the improvement of China’s arbitration system.The third chapter is the current situation and existing problems of the effectiveness expansion of arbitration agreement in China.This chapter first introduces the current situation of China’s arbitration legislation;Then it analyzes and compares the relevant situation of the practical exploration of domestic arbitration institutions,and then summarizes the existing problems.The fourth chapter is the countermeasures and construction ideas for the expansion and improvement of the effectiveness of arbitration agreement in China.In view of the above problems,this paper puts forward some suggestions on the improvement of China’s arbitration related legislation.The system construction level includes the provisions on the participation of non signatory parties in arbitration procedures;Finally,it is the protection of the rights of non signatory parties to participate in arbitration proceedings.