我国《合同法》第73条规定了以诉讼的方式行使代位权。但当债务人与次债务人之间存在仲裁协议时,能否排除代位权诉讼方式的行使?本文根据仲裁制度和代位权制度的立法目的,依据公平正义和可操作性原则,在尽量平衡当事人权利义务的前提下,对代位权人介入仲裁进行探讨。 Article 73 of China’s Contract Law stipulates that subrogation shall be exercised in litigation. However, when there is an arbitration agreement between the debtor and the sub-debtor, can we rule out the exercise of subrogation? According to the legislative purpose of the arbitration system and subrogation system, in accordance with the principle of fairness and justice and maneuverability, we try our best to balance the parties’ rights and obligations Under the premise of the subrogation of subrogation to explore.