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Arbitrability of international commercial disputes

Author: WuYanBing
Tutor: XuanZengYi；QiXiangQuan
School: China University of Political Science
Course: International Law
Keywords: International Commercial Arbitration Arbitrability Public Policy
CLC: D997.4
Type: Master's thesis
Year: 2011
Downloads: 40
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Abstract


International Commercial Arbitration as litigation, international commercial dispute resolution mechanisms in the social and economic progress in showing vigorous vitality, after a thousand years of history of development, and gradually has been generally recognized in the world, which contains the legal basis, empirical rules and value norms can be described as profound. With the impetus of the wave of global economic integration, international commercial activities have become increasingly frequent, and constantly open up new areas. Situation in such a society, the International Commercial Arbitration sustainable development an important manifestation of the extension is available arbitration matters. Of arbitrability in international commercial arbitration, the traditional concept of place changes inherent in the system has a different degree of loose, countries have their commercial disputes in vying for the goals of the International Commercial Arbitration Centre under arbitration expansion a series of legislative and practical exploration. The arbitrability of the legal basis of international commercial disputes, the comparative study of current national legislation and practices, summarize arbitrability development trend of international commercial disputes, lack of current legislation and practice to Pictured on International Commercial Arbitration in China The relevant legislation provides some feasible suggestions. This paper is divided into four chapters: the first chapter of International Commercial Disputes Arbitration overview, this chapter from the settlement of international commercial disputes as well as the emergence and development of commercial arbitration system, and leads to the definition and connotation of the arbitrability of international commercial disputes, thus summarizes the arbitrability manifestations in national legislation; Chapter II for international commercial disputes to arbitration jurisprudence analysis, this chapter in the first chapter based on the combination of international commercial disputes arbitration nature, analysis and public the relationship of the policy, cited the subjective and objective criteria to define the issue of arbitrability; Chapter for the development and evolution of international commercial disputes arbitrability chapter from the history of the development of the arbitrability issue to proceed, with the current international economic background, comparative study world legislation and practice related practices, summarizes the International Commercial Disputes Arbitration extended trend; fourth chapter focuses on China's international commercial matters in dispute arbitration legislation and practice in the relevant experience to learn from advanced countries, combined with international commercial arbitration on the basis of the development of the situation on the international, for the future of international commercial arbitration legislation and practice put forward some thoughts and suggestions.

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CLC: > Political, legal > Legal > International law > Private international law > International Commercial Arbitration and the International Maritime Law
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