Study On The Effectiveness Of International Commercial Arbitration Agreements Against Insurers

International commercial arbitration is highly recognized and favored in recent years because of its efficiency,confidentiality,and professionalism in comparison to other dispute resolution mechanisms.The issue of the validity of international commercial arbitration agreements is the basis for resolving disputes in international commercial arbitration,and the obstacles to the expansion of its validity mainly lie in the requirements for the formal elements of arbitration agreements and the influence of the principles of contractual relativity and independence of arbitration clauses.However,the traditional rule that an arbitration agreement is effective only against the signatory to the arbitration agreement is no longer suitable for the development of international commercial practice,which has become more diverse and complex.As the doctrine of international commercial arbitration continues to develop and evolve,the meaning of the principle of written form has taken on new connotations and advanced under the influence of the new era.The effect of an international commercial arbitration agreement is originally limited to the parties who have signed it,and any dispute over its validity will involve only the signatories.However,in certain circumstances,the agreement may be extended to non-signatories where a third party,although not a signatory to the arbitration agreement,has an interest in the arbitration agreement and,based on some act of the third party(e.g.,subrogation by an insurer),has,in essence,a contractual right to perform its contractual obligations,thereby creating a presumption of its intention to arbitrate.This article addresses the legal issue of whether insurers can be included in the specific circumstances of the expansion of the validity of international commercial arbitration agreements.Insurance disputes occupy an extremely important part of international commercial disputes,and arbitration has always been the preferred option over other mechanisms for resolving insurance disputes.In China,this issue is not clearly defined by law,and judicial practice is divided in its determination.In order to better and more efficiently solve the growing international commercial trade disputes and to meet the new era of international commercial trade development,this paper intends to combine the new connotation of the principle of writtenness,the procedural attributes of insurance subrogation and the principle of transfer of statutory claims in a logical structure of three chapters The first chapter focuses on the current international commercial arbitration agreement,which should be extended to insurers.Chapter 1 focuses on what progress has been made in the expansion of international commercial arbitration agreements in comparison with traditional theories and what obstacles still exist in view of the long-term development of the international commercial arbitration trade;Chapter 2 focuses on why insurers should be included in the expansion of international commercial arbitration agreements and how the theory should be chosen;Chapter 3 summarizes the previous section and addresses the issue of the expansion of international commercial arbitration agreements in China.The third chapter summarizes the previous section,and summarizes the current legislative and judicial situation regarding the expansion of arbitration agreements in China,analyzes the legal application of international commercial arbitration,and makes some suggestions for improvement.