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Reach on the System of the Challenges to the Jurisdiction of Arbitration

Author: QuZuo
Tutor: QiaoXin
School: China University of Political Science
Course: Civil Procedure Law
Keywords: arbitration jurisdiction of the arbitral tribunal challenges to jurisdiction competence-competence principle
CLC: D925.7
Type: Master's thesis
Year: 2007
Downloads: 145
Quote: 1
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Abstract

The jurisdiction of the arbitral tribunal is a very important issue.It is the basement of the whole preceding of arbitration,and it can eliminate the jurisdiction of the court.The parties can call off the arbitrations which have been wrongly started by challenge to the jurisdiction of arbitration.It is well-discussed that what the scope of the challenge reasons,time limits and deciders of the jurisdiction should be.The author investigated them combining the practice of our country.It is deemed that the blemishes of the provisions of the P.R.C. Arbitration Law of 1995 about the challenges to the jurisdiction are very clear.Such as,the jurisdiction reasons stipulate in it involved the effectiveness of the arbitration agreement only,and the competence-competence principle which is well accepted in the world is not being applied,etc..It is indicated in many cases that these blemishes has already made disadvantages to the preceding of arbitration and we should set up these systems by modifying the law.The author analyzed the whole preceding of the challenges to the jurisdiction and made several suggestions.The thesis consists of four chapters.ChapterⅠ,summarization of the challenges to jurisdiction of arbitration.The author started with the definition of the jurisdiction of arbitration and analyzed the different between the jurisdiction of the arbitral tribunal and the jurisdiction of the court.Then the author introduced the concept and classification of the challenges to the jurisdiction of arbitration, and emphatically distinguished it with the challenges to the jurisdiction of the court which is based on exist of arbitration agreement.ChapterⅡ,disposing of the challenges to the jurisdiction of arbitration. The subjects,reasons,and time limits laws of the challenge of jurisdiction are discussed in this chapter while some analysis and conclusions on the development of arbitral legislation nowadays.ChapterⅢ,the theory and practice on decision of the challenges to the jurisdiction of arbitration.The author introduced the development of the principle of competence-competence.Then the integrated signification of competence-competence principle is clarified and concluded into four aspects.Based on this,the decider and proceedings dealing with the challenges are discussed.ChapterⅣ,the analysis and suggestions of the Arbitration Law of China.The author analyzed the legislation,judicial interpretation and practice in our country,including the scope of the jurisdiction reasons,time limits and decider,etc.,especially discussed whether the competence-competence principle is applied in the Arbitration Law of China.Some suggestions to the Arbitration Law are made at last.

Reach on the System of the Challenges to the Jurisdiction of Arbitration

Abstract

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