论文部分内容阅读
临时仲裁由于符合社会经济生活的特性,有其生存和发展的空间,在国际上早已是运作成熟的仲裁方式之一。但中国仲裁法以对仲裁协议生效要件的十分严格的规定间接地否认了临时仲裁协议的效力,也即不承认临时仲裁。临时仲裁在中国的阙如有着多方面的消极影响,因此,在我国建立临时仲裁制度非常必要。
Due to the characteristics of social and economic life, ad hoc arbitration has its own space for survival and development. It has long been one of the most mature forms of arbitration in the world. However, China’s Arbitration Law indirectly denies the validity of the interim arbitration agreement by very strict rules on the elements of entry into force of arbitration agreement, that is, it does not recognize interim arbitration. The existence of ad hoc arbitration in China has many negative effects. Therefore, it is very necessary to establish a temporary arbitration system in our country.