论法律意义上的仲裁地点及其确定

结合国际商事仲裁立法与实践 ,阐述了法律意义上的仲裁地点的含义 ,仲裁地点、开庭地点与仲裁庭合议地点之间的联系与区别 ,以及仲裁地点的确定方法。结合我国有关确定仲裁地点的立法与实践 ,提出了准确地确定仲裁地点对于不断地完善我国现行国际仲裁和国内仲裁立法 ,具有重要的理论与实践的意义。

On the Legal Place of Arbitration and Its Determination

The paper studied the concept of the legal place of arbitration comparing with international commercial arbitration legislation and practices. It also stressed on the connection and distinction between the place of arbitration and the place of hearing, and the place where the arbitration tribunal deliberates the case, as well as the method for the determination on the place of arbitration. The author also analyzed the current legislation and pracices on the determination on the place of arbitration in China. The paper pointed out that it is important in both theory and practice to improve both international and domestic arbitration legislation in China to determine the place of arbitration properly.