论仲裁庭自裁管辖权原则

仲裁庭自裁管辖权原则是20世纪50年代以后发展起来的一种关于仲裁管辖权的理论学说,目前已经得到世界各国的广泛接受和采纳,成为现代国际商事仲裁法的重要理论和实践。然而,由于种种原因,该原则在我国仲裁立法和实践中却没有得到体现和确认。本文通过对该原则的产生和存在的理论基础的分析,指出我国应当尽快确立仲裁庭自裁管辖权原则,以保持与国际商事仲裁的立法和实践同步发展。

On Arbitration Panel's Self- adjudicating Jurisdiction Principle

The doctrine of competence-competence which emerged at 1980's is a new kind of theory on arbitration jurisdiction. This doctrine has already been accepted and recognized by almost every country in the world and it has developed into an important theory and practice in international commercial arbitration. However, because of some reasons, the Chinese legislation has not adopted this doctrine yet. And academic research into this doctrine has not been popularized and theoretical preparations are inadequate. Through the analysis of the emergence and theoretical basis of this doctrine, the paper suggests that the doctrine of competence-competence be adopted in the Chinese arbitration legislation in order to keep pace with the development of international commercial arbitration.