西南石油大学学报(社会科学版) ›› 2009, Vol. 2 ›› Issue (5): 45-52.DOI: 10.3863/j.issn.1674-5094.2009.05.011

• 政治学与法学 • Previous Articles     Next Articles

VALIDITY OF FOREIGN-RELATED ARBITRATION AGREEMENT——A CASE STUDY

XU Bo   

  1. School of Law and Humanities,Southwest Petroleum University,Chengdu Sichuan 610500,China
  • Received:1900-01-01 Revised:1900-01-01 Online:2009-09-20 Published:2009-09-20

Abstract:

Arbitration has many advantages in dealing with foreign-related economic disputes,but disagreements often occur in the validity of arbitration agreement.The case study suggests that an arbitration agreement is valid when the parties have the capacity for civil conduct and their genuine intention is expressed,when the arbitration matters agreed upon are within the scope of arbitration prescribed by law,and when the arbitration organization is agreed upon and written agreement is made.The confirmation of the validity of the terms in an arbitration agreement should be based on Arbitration Law of the People′s Republic of China and other relevant laws and judicial interpretations.

Key words: arbitration agreement, validity, arbitration organization, jurisdiction, application of law

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