国际商事仲裁程序的法律适用及其新发展

国际商事仲裁程序的法律适用既包括仲裁程序法的适用,又包括仲裁规则的适用,两者既有联系而有所区别。当事人和仲裁庭享有适用仲裁程序法与仲裁规则的选择权与确定权已得到多数国家仲裁立法的肯定。非内国仲裁理论的提出与发展是对"仲裁受仲裁地法支配"的传统观点的冲击,它在未来的国际商事仲裁实践,尤其是网上仲裁中将发挥重要的作用。

On the Law Application of International Commercial Arbitral Proceedings and Its New Development

The law application of international commercial arbitral proceedings includes the applications of arbitral procedure act and arbitration rules. There are inter-relation but also differences between them. The rights of choice and determination of applying arbitral procedure act and arbitration rules enjoyed by the parties and the arbitral tribunal have already confirmed by arbitral acts of many countries. Putting forward and developing the theory of denationalized arbitration have made impact on the traditional view of "arbitration governed by lex arbitri", It will play an important role in the coming international commercial arbitration practice, especially in the field of internet arbitration.