26民诉法之仲裁协议(09年司考三大本分段学习)（The arbitration agreement of the peoples lawsuit (the three main sections of the sexam in 2009)）.doc

26民诉法之仲裁协议(09年司考三大本分段学习)（The arbitration agreement of the peoples lawsuit (the three main sections of the sexam in 2009)） The law of arbitration agreement in 26 (09 years and three big Scott subsection learning).Txt51 is an inexhaustible source of self-confidence, self-confidence is surging waves, confidence is the jet stream ahead of the channel, self-confidence is the real mother of success. The twenty-seventh chapter is arbitration agreement Section 1 Summary of arbitration agreement I. The concept of arbitration agreement The arbitration agreement refers to the parties to a written agreement between them has occurred or may occur in the arbitration, the arbitration for dispute settlement intention of legal documents for both parties of expression, is the written arbitration consensus and legalization of the form between the parties. In civil and commercial arbitration, arbitration agreement is the premise of arbitration. Without arbitration agreement, there is no effective arbitration. Arbitration agreement is essentially a contract, but it is different from the general contract. The arbitration agreement has the following characteristics: 1. arbitration agreement is the common meaning expressed by both parties, which is the embodiment of their common will to submit the dispute to arbitration. The arbitration agreement shall be established on the basis of voluntariness, equality and consensus between the parties concerned, and shall authorize the arbitration tribunal to settle the dispute by arbitration and obtain the fair ruling for the purpose. 2. the rights and obligations of the parties in the arbitration agreement are identical, which makes the arbitration agreement as one of the forms of contract different from the other contracts. In general the bilateral contract, both parties because of the pursuit of different interests, causing their rights and obligations are equal, that is a party of the right is often the other party of its relative obligations, an