Research on the Agreement Arbitration System

Author: Yang Xiuping
Publisher:
Publish Date: 2006-10-01
Features: The research characteristics of this book lie in breaking through the existing theoretical research mindset. Taking the essence of the arbitration system—agreement arbitration—as the starting point, it places the dispute resolution system of agreement arbitration, which differs from litigation, in the economic, political, and legal cultural soil that fosters its development, conducting systematic theoretical analysis and research on its principles. The book begins with a systematic study of the social foundation of the agreement arbitration system, namely civil society, and the ideological foundation of the agreement arbitration system, namely the theory of contracts. Then, it provides a detailed theoretical interpretation of the cornerstone of the agreement arbitration system—the arbitration agreement—covering its definition, the essential elements of an arbitration agreement, the definition of defective arbitration agreements and their interpretation and remedies, as well as the validity of arbitration agreements. Finally, it conducts a rational analysis of the current status and improvement of the judicial supervision system, which serves as the fairness guarantee of the agreement arbitration system. The research characteristics of this book lie in breaking through the existing theoretical research mindset, taking the essence of the arbitration system—agreement arbitration—as the starting point, placing the dispute resolution system of agreement arbitration, which differs from litigation, in the economic, political, and legal cultural soil that fosters its development, conducting systematic theoretical analysis and research on its principles. The book begins with a systematic study of the social foundation of the agreement arbitration system, namely civil society, and the ideological foundation of the agreement arbitration system, namely the theory of contracts. Then, it provides a detailed theoretical interpretation of the cornerstone of the agreement arbitration system—the arbitration agreement—covering its definition, the essential elements of an arbitration agreement, the definition of defective arbitration agreements and their interpretation and remedies, as well as the validity of arbitration agreements. Finally, it conducts a rational analysis of the current status and improvement of the judicial supervision system, which serves as the fairness guarantee of the agreement arbitration system.