The Validity and Remedy of the Pathological International Commercial Arbitration Agreement

Abstract

The international commercial arbitration system has many advantages, such as respecting party autonomy, flexibility and simplicity, and is favored by the parties in the field of commercial contract disputes in practice. An effective and enforceable arbitration agreement is the basis for the smooth conduct of the arbitration proceedings. In fact, in daily international commercial practice, there are usually arbitration agreements that do not meet standards. Some of these arbitration agreements lack the necessary effective elements, so that this type of arbitration agreement is considered to be null and void, while some just lack of enforceability, which is regarded as pathological arbitration agreement. In practice, however, it is complex to identify the pathological agreement and make a distinction between it and other international commercial agreements. Only through analyzing and summarizing the elements of pathological arbitration agreement can we better discuss the remedy methods of it and finally approach such kind of disputes.