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International Commercial Arbitration Agreement and the effectiveness of expansion

Author: MaQingYu
Tutor: DuXinLi
School: China University of Political Science
Course: International Law
Keywords: Arbitration agreement The effectiveness of expansion Third Party in Arbitration
CLC: D925.7
Type: Master's thesis
Year: 2010
Downloads: 155
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Abstract


With modern science and technology development and international economic exchanges become more frequent, the International Commercial Dispute Resolution increasingly harmonized. Arbitration system has great flexibility, a high degree of autonomy, the general authority, to become an effective alternative to litigation in some commercial fields of dispute resolution. The backdrop of economic globalization, the International Civil and Commercial Dispute is more and more, which makes commercial arbitration system has been gradually beyond the borders of a country's legal and gradually extended by domestic commercial arbitration, international commercial arbitration, and in the world has suffered an unprecedented attention. In this context, the international commercial arbitration system has also been a great deal of development and perfection. The arbitration system is characterized by: dispute resolution to maximize the autonomy of the parties, whether it is the start of the arbitration proceedings or the conduct of the arbitration process are parties to the dispute the parties desired results. The parties entered into under the premise of the autonomy of the arbitration agreement is the fundamental basis of the arbitration agency for arbitration jurisdiction, with a party by the other passive responding much different to the courts. Thus, the position of the parties to the arbitration agreement in the arbitration proceedings is self-evident. This paper tries to use force and its effect of expansion in legal analysis and empirical analysis of international commercial arbitration agreements, to discuss the arbitration agreement is binding and the validity of the arbitration agreement the parties and a third person. And by the introduction of the arbitration the third party system in order to address the expansion of the effectiveness of the arbitration agreement. The author discusses the four parts: The first part introduces the general problem of the effectiveness of the arbitration agreement to expand. Start from the formal validity of the international commercial arbitration agreements on the expansion of the general problem of the effectiveness of the effectiveness of the arbitration agreement transmutation and Arbitration Society. Discussed the effectiveness of the legal obstacles to the expansion of its breakthrough on the principle of the independence of the arbitration clause of the arbitration agreement. The second part of expanding the legal basis of the effectiveness of the arbitration agreement, mainly the equitable principle of estoppel, fair and reasonable to expect the principle of piercing the corporate veil theory, the company collective theory, the expansion of the effectiveness of the arbitration agreement provides a theoretical support, combined with the nature and purpose of the arbitration, paving the way for the expansion of the Arbitration Agreement. The third part, mainly through the expansion of the practice analysis of the effectiveness of the arbitration agreement. Described in the agency system, changes in credit and debt, the relationship between parent and subsidiary companies and subrogation relations effectiveness of the arbitration agreement is the expansion of the performance and the effectiveness of the arbitration agreement to expand the case in these cases a more detailed analysis . The fourth part of the envisaged establishment of an arbitration the third party system. The expansion of the effectiveness of the arbitration agreement is an inevitable fact, this has been confirmed by judicial practice. Arbitration the third system is the the lawsuits third set in the reference to the civil litigation system, the purpose of this system design is to be improved in the arbitration system under the premise of the effectiveness of the arbitration agreement to expand.

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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Arbitration Law
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