仲裁协议之自由与限制

仲裁意思自治并非绝对性,仲裁契约仍须受各国国内法以及诸多可仲裁事项等之限制。甚至由于各国之法律文化不同,有些国家更有特殊商事争议之可仲裁性规范,仲裁事项自应受其限制。而在意思自治原则之前提下,所谓之自由亦必须受到法律规范之限制,此已成为仲裁理论之共识。

The Freedom and Limitation in Agreement of Arbitration

The autonomy of the will of arbitration is not absolute.The contract of arbitration must be limited by the national law and many other items which can be arbitrated.Furthermore,because of the different cultures in the world,some countries have some special regulations about commercial controversy which can be arbitrated.So,items of arbitration must be limited by them.And in the presupposition of the principle of the autonomy of the will,the freedom also must be limited by law,which is the consensus of the theory of arbitration.