中国人民大学法学院国际商事仲裁法课件 Arbitration Agreement.pptVIP

Chapter 3Arbitration Agreement Definition and Forms Agreement between the parties to submit their dispute for the settlement by arbitration Submission to arbitration Arbitration clause in a contract Content （CAL,Art.16) Intention of both parties to settlement their dispute by arbitration Matters to be arbitrated Definite arbitration institution，excluding ad hoc commercial arbitration tribunal Matters to be arbitrated Art. 2 of the Judicial Interpretation: Contract disputes refers to the formation, validity, amendment, assignment, performance, liabilities for the breach, interpretation, termination of the contract. Written Form Judicial interpretation（Art.1): apart from the contract, it could be expressed in the form of telegraph, telex, EDI, email, etc. Void Arbitration Agreement CAL:　Article 17 if an agreed arbitrable matter exceeds the scope of arbitrable matters（Art.2,3 CAL) as specified by law; if a party that concluded the arbitration agreement has no capacity for civil acts or has limited capacity for civil acts; or if one party coerced the other party into concluding the arbitration agreement. Art. 7 of the Jud. Interpr. on Invalid arbitration agreement The parties agreed either arbitration or litigation. Unless one party applied for arbitration, the other party failed to challenge of the validity of the arbitration agreement prior to the first hearing of the arbitration tribunal. The parties failed to reach agreement on a definite arbitration institution. Authority to decide （CAL20) If a party challenges the validity of the arbitration agreement, he may request an arbitration commission to make a decision or a Peoples Court to give a ruling. If one party requests an arbitration commission to make a decision and the other party requests a Peoples Court to give a ruling, the Peoples Court shall give a ruling. A partys challenge of the validity of the arbitration agreement shall be raised prior to the first hearing of the arbitration tribunal. Compet