论仲裁协议效力的确定

On the Confirmation of the Abitration Agreement

仲裁协议是仲裁程序启动的基本前提,是仲裁合法性与正当性的基础。仲裁协议的有效性问题直接关系到仲裁庭作出的裁决能否得到承认和执行。仲裁协议具有独立性,并必须采用书面形式,其在特定情况下对未签署人产生约束力。

The arbitration agreement is the basis premise to start the arbitration procedure. The reasonable and legal arbitration is based on it. If the arbitration agreement is invalid, the ruling that arbitration court made cannot be admired and carried out. So the confirmation of the arbitration agreement is quit important. The article analyses the validity of the arbitration agreement in different aspects： the independence-of the agreement, the form condition of the validity, and the restriction to the party had not signed in the agreement.