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一、仲裁的概念、特点和类型 (一)仲裁的概念 仲裁是指纠纷当事人在自愿基础上达成协议,将纠纷提交非司法机构的第三者审理,由第三者作出对争议各方均有约束力的裁决的一种解决纠纷的制度和方式。根据仲裁的定义,其构成应具备以下要素:(1)双方当事人自愿协商通过仲裁方式解决争议;(2)解决争议的第三人是当事人选择的;(3)非司法机构的第三人为解决争议作出的裁决对双方当事人具有约束力。仲裁是一种重要的非司法诉讼解决争议的方式,除民商事领域外,还广泛地应用于其他方面,如我国常见的劳动争议仲裁、农业承包合同纠纷仲裁等。本文所述的仲裁,如无特别说明,均指解决财产权益纠纷的民商事仲裁。
I. Concept, Features and Types of Arbitration (I) Concept of Arbitration Arbitration refers to the parties to a dispute agree on a voluntary basis to submit the dispute to a third party who is not a judicial authority for adjudication. The third party makes a contention that all parties to the dispute have A system and method of dispute resolution. According to the definition of arbitration, the composition of the arbitration should include the following elements: (1) The two parties voluntarily negotiate and resolve the dispute through arbitration; (2) the third party who resolves the dispute is chosen by the parties; (3) the third party who is not a judicial authority The controversial decision is binding on both parties. Arbitration is an important non-judicial way to resolve disputes, in addition to civil and commercial areas, but also widely used in other areas, such as our common labor dispute arbitration, agricultural contract dispute arbitration. Arbitration mentioned in this article, if not specified, refers to civil and commercial arbitration to resolve disputes over property rights.