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International Journal of Frontiers in Sociology, 2023, 5(16); doi: 10.25236/IJFS.2023.051608.

Study on the Independence of Arbitration Agreements

Author(s)

Zhai Yingqi

Corresponding Author:
Zhai Yingqi
Affiliation(s)

Graduate School, The People's Public Security University of China, Beijing, China

Abstract

The principle of the independence of arbitration agreement is regarded as the core principle of commercial arbitration, which occupies an important position in the theory and practice of arbitration. This principle applies not only to international arbitration but also to domestic arbitration. The in-depth understanding and interpretation of this principle intuitively shows our insight into the nature of arbitration and our firm support for arbitration. Due to the inherent characteristics of the arbitration system and the influence of international socio-economic and cultural factors, the principle of the independence of arbitration agreement is rejected or excluded to varying degrees in the major countries and regions of the world. Although there were still some differences in theory and practice regarding the independence of arbitration agreements, according to the current situation, most countries had developed strategies to support arbitration and had proceeded to perfect and innovate their arbitration laws, while relaxing various restrictions on arbitration. China's Arbitration Law also provides for the principle of the independence of arbitration agreement and affirms this principle as a special form independent of the autonomy of the other parties. Considering that the ultimate goal of the principle of independence of arbitration agreement is to ensure that the arbitration agreement can reach the highest level of validity, the original intention and intention of this principle should be respected and the principle of independence of arbitration agreement should be understood and applied from the point of view of supporting arbitration.

Keywords

arbitration agreement, independence, validity determination

Cite This Paper

Zhai Yingqi. Study on the Independence of Arbitration Agreements. International Journal of Frontiers in Sociology (2023), Vol. 5, Issue 16: 47-51. https://doi.org/10.25236/IJFS.2023.051608.

References

[1] Alan Redfern, Martin Hunt, Nigel Blackby, Editing by Konstantin Patterside Lin Yifei, translated by Song Lianbin. Law and Practice of International Commercial Arbitration, 4th edition [M]. Beijing: Peking University Press, 2005.09.

[2] By Xu Donggen. Trends in Private International Law [M]. Beijing: Peking University Press, 2005.01

[3] Edited by Ding Jianzhong. Foreign Arbitration Law and Practice [M]. Beijing: China Foreign Economic and Trade Press, 1992.08.

[4] Xueping Y .On the Independence and Impartiality of Party-Appointed Arbitrators in International Sports Arbitration: On the Case of Alejandro Valverde[J].Journal of Tianjin University of Sport, 2011.

[5] Daniel Girsberger, Christian Hausmaninger. Assignment of Rights and Agreement to Arbitrate (J). Arbitration International, Vol.8. 1992 (2).131.

[6] Song Lianbin, "My Ruminations on the Value Orientation of International Commercial Arbitration," in Chinese Yearbook of Private International Law and Comparative Law (2000), p. 155.