2009•Journal of Southwest Petroleum UniversityRequires access

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

Bo Xu

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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.

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What this paper is about

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.

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Available 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 concepts: Arbitration, Compulsory arbitration, Agreement, Scope (computer science), Law, Political science, China, Business

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