关键词: 涉外性, 仲裁条款, 司法主权, 公共政策

Abstract:

In recent years, the cases of overseas arbitration submitted by some domestic enterprises have been concerned as The Supreme People’s Court has given an explicit judicial attitude, and the core legal issue involves how to evaluate the validity of the arbitration clause in the disputes Existing international treaties and domestic legislation do not provide the positive provisions while in a typical case in our country, the court holds negative position with the referee basis of abstract concepts such as judicial sovereignty and public policy Reflections on the current practice, on the one hand, the applicable standards of “foreign elements” should be emphasized; on the other hand, it is necessary to reflect on these issues involving foreign investment enterprises

Key words:  foreign elements, arbitration clause, judicial sovereignty, public policy