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作为商事仲裁制度的重要原则之一,“一事不再理”原则常常被当事人引为抗辩理由。然而仲裁实践中,对“一事不再理”原则的适用却非常混乱,究其原因主要在于“一事不再理”原则理论学说多样,缺乏明确的立法规范,导致该原则并无统一适用标准。本文主要内容是在现有理论、实践基础上,分析“一事不再理”原则中“一事”的标准认定,以期仲裁实践中能够在“一事不再理”原则的适用上形成更为一致的认识。
As one of the important principles of the commercial arbitration system, the principle of “one thing is no longer reasonable” is often cited by the parties as a defense. However, in the practice of arbitration, the application of the principle of “one thing is no longer reasonable” is very confusing. The reason mainly lies in the fact that the principle of “one thing is no longer reasonable” and the theory is pluralistic in the absence of clear legislative norms, Unified applicable standards. The main content of this article is based on the existing theory and practice, based on the analysis of the principle of “one thing is no longer” “one thing ” standard, in order to practice arbitration can On the formation of a more consistent understanding.