论仲裁协议的完善

有效的仲裁协议是仲裁制度的基础,仲裁协议是当事人自愿达成的、期待快速解决争议、降低诉讼成本的意思表示。但我国《仲裁法》自1995年颁布之时,就受到了多方面的制约,有些方面已成为制约仲裁制度完善发展的法律障碍。《仲裁法》的修改应本着尊重当事人自治的原则,取消对仲裁协议内容僵化的要求,确立临时仲裁的法律地位,尊重仲裁管辖。

On Perfecting Arbitration Agreement

Effective arbitration agreement is the foundation of arbitration system. Arbitration agreement is an agreement agreed by the parties volunteer to solve problems efficiently and lower the cost due to suit. However, the Arbitration Law issued in 1955 in China has been restricted in many aspects from the very beginning and has become obstacles in perfecting the arbitration system. Revise to the Arbitration Law should take the principle of respecting the concerned persons, deleting the rigid contents of the agreement, deciding the legal status to the temporary arbitration and respecting the arbitration jurisdiction.