Education, Science, Technology, Innovation and Life
Open Access
Sign In

Research on the Effectiveness of International Commercial Arbitration Agreements

Download as PDF

DOI: 10.23977/law.2023.021230 | Downloads: 20 | Views: 439


Zhang Xibing 1


1 School of Law, Xi'an Peihua University, Xi'an, Shaanxi, China

Corresponding Author

Zhang Xibing


The issue of the enforceability of international commercial arbitration agreements plays a crucial role in resolving cross-border disputes. However, concerns about the effectiveness and enforceability of these agreements have garnered attention from international traders and business participants. This study aims to explore the legal framework and practical significance of international commercial arbitration agreements, focusing on the challenges and potential solutions related to their enforceability. International commercial arbitration agreements are widely used in international trade and investment to facilitate the expeditious resolution of disputes and ensure the protection of parties' rights. However, these agreements may face challenges due to differences in laws and judicial systems among different countries. One major challenge is the issue of enforceability. If an agreement is not fully recognized and enforced, the parties will lose the opportunity to utilize arbitration procedures to resolve their disputes. To address this issue, a series of international conventions have been adopted worldwide, such as the New York Convention and the UNCITRAL Model Law on International Commercial Arbitration. These conventions aim to ensure the effectiveness and enforceability of arbitration agreements. Additionally, domestic judicial institutions have gradually strengthened their recognition and enforcement of such agreements through case law. However, obstacles affecting the effectiveness of arbitration agreements still exist. One problem is the divergence in understanding and agreement on the terms of the arbitration agreement between the parties. Clear provisions regarding arbitration procedures should be explicitly agreed upon when entering into the agreement to avoid subsequent disputes. Additionally, parties should choose an appropriate arbitration institution to ensure the effectiveness and enforceability of the arbitration. Another challenge is the interpretation and enforcement of arbitration agreements by domestic judicial institutions. Sometimes, domestic courts may interfere in the arbitration process or refuse to recognize and enforce arbitration agreements. To address this issue, some countries are taking measures to strengthen the recognition and enforcement of arbitration agreements. For example, some countries are establishing specialized commercial courts or setting up arbitration institutions and implementing training and educational measures to enhance judges' and legal practitioners' understanding and enforcement capabilities regarding arbitration agreements. Regarding the issue of enforceability of international commercial arbitration agreements, we have put forward suggestions and potential reform measures. These include strengthening international collaboration mechanisms, promoting the development of more unified and explicit legal provisions, and improving the professionalism and efficiency of arbitration institutions. In conclusion, the issue of the enforceability of international commercial arbitration agreements is crucial for resolving cross-border disputes. By strengthening the recognition and enforcement of international conventions and domestic legal systems, as well as driving relevant reforms, we can enhance the enforceability of these agreements and promote the development of international trade and investment. 


International commercial arbitration; arbitration agreement; enforceability; cross-border disputes


Zhang Xibing, Research on the Effectiveness of International Commercial Arbitration Agreements. Science of Law Journal (2023) Vol. 2: 211-218. DOI: 10.23977/law.2023.021230.


[1] Guo B. A Theoretical Study on Nationality and Cancellation of International Commercial Arbitration Awards [J]. Science of Law Journal, 2023, 2 (2)
[2] Michal M. The Singapore Mediation Convention and International Business Mediation [J]. International and Comparative Law Review, 2022, 22 (2): 179-196.
[3] Todor K. International commercial arbitrator addressing money laundering [J]. Journal of Money Laundering Control, 2022, 25 (3): 637-644.
[4] Yuanfei G, Yuan L. Construction and Application of International Commercial Dispute Resolution Mechanism Model [J]. Security and Communication Networks, 2022.
[5] N P O. Corruption in international commercial arbitration—Domino effect in the energy industry, developing countries, and impact of English public policy [J]. The Journal of World Energy Law & Business, 2022, 15 (2): 136-150.
[6] ILHÃO J M. Arbitration vis‐à‐vis other professions: a sociology of professions account of international commercial arbitrators [J]. Journal of Law and Society, 2022, 49 (1): 48-70.
[7] Garimella, Ramani S, Rawat, et al. Daniel Girsberger et al. (eds.), Choice of Law in International Commercial Contracts Global Perspectives on the Hague Principles (Oxford Private International Law Series Series – Editors: Jonathan Harris QC & Andrew Dickinson) [J]. Netherlands International Law Review, 2022, 68 (3): 1-8.
[8] P S C. Between rags and riches: rethinking security for costs in international commercial arbitration [J]. Arbitration International, 2022, 37 (4): 851-862.
[9] Tamar M. Procedural Cross-Fertilization in International Commercial and Investment Arbitration: A Functional Approach [J]. Journal of International Dispute Settlement, 2021, 12 (4): 585-616.
[10] Economou E M L , Kyriazis N A , Kyriazis N C. Managing Financial Risks while Performing International Commercial Transactions. Intertemporal Lessons from Athens in Classical Times [J]. Journal of Risk and Financial Management, 2021, 14 (11): 509-509.

All published work is licensed under a Creative Commons Attribution 4.0 International License.

Copyright © 2016 - 2031 Clausius Scientific Press Inc. All Rights Reserved.