中国国际商事仲裁协议效力认定问题研究

中国国际商事仲裁协议效力认定问题研究

“Perfecting the arbitration system, improving the credibility of arbitration” and promoting modernization and internationalization of international commercial arbitration are the development direction of the arbitration of China in the new era. These are also the inevitable requirement of the “Opinion Concerning the Establishment of the Belt And Road International Commercial Dispute Resolution Mechanism and Institutions”. As an important part of the diversified dispute resolution mechanism, international commercial arbitration is chosed by more and more commercial entities in commercial activities. It is because of its advantages such as convenience, finality, professionlism and easy implementation of arbitral award, ect. However, the precondition of starting the arbitral procedure is a valid arbitration agreement. In the international commercial arbitration cases, the subjects of disputes often come from different countries or regions. Different nationalities often cause different laws applicated in the arbitration cases and the legal effects is vary greatly. In these cases, it is difficult to guarantee the effective resolution of arbitration disputes. Therefore, this paper will refer to the validity of arbitration agreement as the research object, start from the application of law in international commercial arbitration agreement of China, and combine with the relevant legal provisions and judicial practice in international commercial arbitration agreement of China. Through these ways, it will analysis the current problems in the Identification of Effectiveness of international commercial arbitration agreement of China, and put forward the corresponding suggestions. It is expected to propose reasonable and feasible ideas for the revision and improvement of Arbitration Law of China.