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意思自治是仲裁的灵魂,按《纽约公约》书面签署的仲裁协议才能表达仲裁意思。仲裁协议本质上是合同,受合同相对性原则约束。这些条件将愿意参加仲裁的人排除在外,所以理论界提出了仲裁协议第三方理论。仲裁协议第三方虽未签仲裁协议,但基于法律运行的结果受仲裁协议约束。而提单下仲裁条款约束第三方要解决提单转让后提单承运人和受让人的仲裁合意及相对性问题。
Autonomy of will is the soul of arbitration, and the arbitration agreement can only express the meaning of arbitration according to the New York Convention. Arbitration agreement is essentially a contract, subject to the principle of contractual relativity. These conditions exclude those willing to participate in the arbitration, so theorists have proposed the third party theory of the arbitration agreement. Arbitration Agreement Although the third party has not signed the arbitration agreement, the result of the operation based on the law is bound by the arbitration agreement. The arbitration clause under the bill of lading restricts the third party to solve the bill of lading after the transfer of bill of lading carrier and assignee of the arbitration agreement and relativity issues.