Identification of "Atypical Foreign Factors" in Arbitration Agreement

Whether foreign factors are involved is the precondition for judging the effectiveness of foreign-related arbitration agreements. China's legislation mainly takes the location of the subject, the object, and the legal facts as the criteria for judging the foreign-related factors, and stipulates the "other circumstances of foreign-related cases" to be the bottom line. To identify atypical foreign-related factors, it is necessary to comprehensively weigh judicial sovereignty and autonomy of will, exclude foreign-related circumstances that are not directly related to disputed facts,and adopt a more active, inclusive and open judicial principle in determining the validity of foreign-related arbitration agreements with the goal of protecting the legal environment for business and promoting international maritime arbitration.