我国《涉外关系民事法律适用法》第18条对涉外仲裁协议的法律适用做出了规定,近期又通过司法解释对此进行了补充。这些规定虽然实现了立法上的一定突破,也有助于在司法中统一裁判思路,但就理论与实践而言,仍存在明显的不足。笔者在详细分析这些问题的基础上,提出了相应的完善建议。 Article 18 of the Law of the People’s Republic of China on the Application of Civil Laws Concerning Foreign Relations sets out the law applicable to foreign-related arbitration agreements, which has recently been supplemented by judicial interpretation. Although these provisions have achieved a certain breakthrough in legislation, but also contribute to the reunification of judiciary in thinking, but the theory and practice, there are still obvious deficiencies. On the basis of analyzing these problems in detail, the author puts forward some corresponding suggestions.