Research on Determination of Validity of Arbitration Agreement in China——Concurrently Presenting Perfection of Arbitration Legislation in China

Arbitration agreement is the foundation of arbitration system.The valid arbitration agreement has binding force to parties,arbitral tribunal,people court and arbitral decision,so it is very important to determine the validity of arbitration agreement.However,there are many problems in determining the validity of arbitration agreement in terms of Chinese arbitration legislation.As a consequence,we should improve the determination by insisting the principles of valuing the willingness of the parties,observe the principle of the priority of arbitration jurisdiction and construct a three-aspect mechanism consisting of arbitration committee,arbitration tribunal and people’s court so as to perfect the determining system of the validity of the arbitration agreement