国际仲裁法教学（华南师范大学）3 arbitration agreement 2013.pptVIP

Chapter 3　Arbitration Agreement Section 1? Introduction to arbitration agreement Section 2? arbitrability Section 3 Authority and applicable law of the Arbitration Agreement Section 4 The Separability of the Arbitration Agreement Section one Introduction to arbitration agreement 1. The definition of arbitration agreement★ Article 7 (1). UNCITRAL MODEL LAW Arbitration agreement is an agreement by the parties to submit to arbitration all or certain disputes which have arisen or which may arise between them in respect of a defined legal relationship, whether contractual or not. 2. Categories of arbitration agreements 2.1 arbitration clause included in the contracts 2.2 Submission to arbitration agreement or submission agreement ICC Model Arbitration Clause★  (翻译) All disputes arising out of or in connection with the present contract shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with the said Rules. CIETACModel Arbitration Clause Any dispute arising from or in connection with this Contract shall be submitted to China International Economic and Trade Arbitration Commission for arbitration which shall be conducted in accordance with the Commissions arbitration rules in effect at the time of applying for arbitration. The arbitral award is final and binding upon both parties. 3. Content of Arbitration Agreements Article 16.2 of Arbitration Law of PRC 1.1 the genuine intention of arbitration 1.2 Matters to be arbitrated 1.3 Definite arbitration institution Place of arbitration, rules, applicable law, etc. 4.The Validity of A.A. 4.1 Formal conditions, Article 16.1 written form include the form of telegraph, telex, fax, EDI, email, etc. 书面要求是证据法上的意义。 4.2 legal capacity and the genuine intention of arbitration, Article 17.??? 4.3 Definite arbitration institution, Article 16.??? 2000-2011年最高法院86份关于涉外仲裁条款效力请求的回复中，56份无效，其中46份是因为约定的仲裁机构不确定或不存在。 Article 17.???