Keywords
Guarantee Contract
Arbitration Agreement
Expansion of Effectiveness
Jurisprudential Basis
How to Cite
Accepted 2024-11-21
Published 2025-01-04
Abstract
The determination of the validity of arbitration agreements is fundamentally connected to principles of contract law. Traditional contract law doctrines, such as "party autonomy" and "privity of contract" often serve as pivotal references in this determination process. The introduction of the Draft Amendment to the Arbitration Law of the People's Republic of China, which extends the arbitration agreement in a principal contract to ancillary contracts, is of profound significance. It provides a robust legislative foundation for the expansion of the effectiveness of commercial arbitration agreements and marks a new phase in the development of arbitration in China. This study takes principal and guarantee contracts as a point of departure to delve into the jurisprudential basis for the extension of arbitration agreements from principal contracts to guarantee contracts. By doing so, it aims to offer a comprehensive and nuanced understanding of the essence and scope of arbitration agreements, thereby laying a solid theoretical groundwork for the further development of arbitration.
References
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