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在仲裁程序进行过程中,申请人在预判其仲裁请求难以获得仲裁庭认同时,以更换首席仲裁员为目的而撤回其仲裁请求,使仲裁庭撤销案件。嗣后,又重新提出仲裁申请,由新组成的仲裁庭进行审理。现行仲裁制度对于这一形式合法的不适当行为缺乏有效的制约措施,导致仲裁天平之上合法性与适当性明显失衡,并使仲裁庭、仲裁机构面临两难抉择。本文拟对申请人撤回仲裁请求、重新提出仲裁申请所涉及的一系列法律问题进行理论辨析与实证分析,并就如何避免和消除这一行为的负面影响提出意见和建议。
During the process of arbitration, the claimant withdraws its request for arbitration for the purpose of replacing the arbitrator while withdrawing the case on the assumption that it is difficult for the arbitral tribunal to obtain the arbitral award. Subsequently, the arbitration application was resubmitted and adjudicated by a newly formed arbitration tribunal. The current arbitration system lacks effective control measures for this form of lawful inappropriate behavior, leading to a clear imbalance of legitimacy and appropriateness on the arbitration balance, which makes arbitration tribunals and arbitration institutions dilemma. This article intends to make theoretical analysis and empirical analysis on a series of legal issues that the claimant withdraws the arbitration request and resubmits the arbitration application and puts forward his opinions and suggestions on how to avoid and eliminate the negative influence of this act.