国际商事仲裁规则中庭审程序法律问题研究

国际商事仲裁规则所涉及的庭审问题较多,但颇具代表性的问题主要是仲裁程序通则以及仲裁审理范围书问题.仲裁程序通则主要解决的是整个仲裁庭审程序所应遵循的基本原则问题,其主要涉及当事人决定仲裁程序的权利、仲裁庭对当事人的平等对待,以及仲裁庭适当进行仲裁的权力这三个方面.仲裁程序通则所确定的平等对待当事人以及适当进行仲裁的原则,对于贯彻仲裁当事人意思自治原则以及推动仲裁程序的顺利进行,均具有重要意义和价值.仲裁审理范围书是国际商事仲裁院所独有的一种仲裁庭审程序,目前虽还未具有普遍适用的价值,但对于其他国家和地区仲裁机构完善仲裁庭审程序应具有一定的借鉴意义.

On Legal Issues of Arbitration Hearing Procedure in the Context of International Commercial Arbitration Rules

International commercial arbitration rules refer to abundant issues concerning arbitration hearings.Among these issues,general rules of arbitration procedure and terms of reference are quite typical.The content of general rules of arbitration procedure,which are mainly used to answer the question of what basic principles should be followed in the whole procedure of arbitration,involves three aspects: first,the rights of both parties to decide arbitration procedures;second,arbitration tribunal’s equal treatment to both parties;third,arbitration tribunal’s right to arbitrate as appropriate.By and large,the general rules of arbitration procedure state that both parties should be treated equally and arbitration should be awarded as appropriate.They have a significant value of implementing the principle of autonomy of the parties’ free will and of smoothly promoting the execution of arbitration procedures.Meanwhile,the terms of reference providing procedural timetable of arbitration hearing are innovated by ICC(the International Court of Arbitration of International Chamber of Commerce).Although such practice hasn’t yet been carried out universally,it could be taken by arbitration commissions in other parts of the world as a good method of improving their procedures of arbitration hearing.