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以当事人的意愿为基础的仲裁制度,既包括机构仲裁,也包括临时仲裁,其中,临时仲裁最能体现当事人的意愿。但是,我国虽然经历了20多年的改革开放,经济的市场化水平总体来讲仍然不是很高,当事人的意思自治仍无法被大力张扬。在这种大背景下,通过建立临时仲裁制度,允许当事人在解决纠纷时拥有更多的自主权,无疑对于培育和提高当事人的意思自治意识和能力具有重要的作用。
The arbitration system based on the wishes of the parties includes both institutional and ad hoc arbitrations, of which the provisional arbitration best embodies the wishes of the parties. However, although China has experienced more than 20 years of reform and opening up, the overall market economy of the economy is still not very high, and the autonomy of parties concerned can not be vigorously publicized. Under this kind of background, allowing the parties to have more autonomy in settling disputes through the establishment of a temporary arbitration system undoubtedly plays an important role in nurturing and enhancing the awareness and ability of party autonomy.