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所谓仲裁条款,亦称为仲裁协议,它是民商事合同项下的一种争议解决条款,至于它所具有的独立性问题,则意为它不受主合同效力的影响,无论主合同有效与否,它依然可以作为当事人解决争议的方法而独立存在。其理论基础是由仲裁条款的性质以及仲裁与主合同所负担的功能所致。考察它的确立与发展,并将其融入我国仲裁立法与司法实践,有助于充分发挥仲裁制度的价值。
The so-called arbitration clause, also known as the arbitration agreement, is a dispute resolution clause under civil and commercial contracts. As for its independence, it means that it is not affected by the validity of the main contract, regardless of whether the main contract is valid or not No, it can still stand alone as a method of settling disputes. The rationale is based on the nature of the arbitration clause and the function of the arbitration and the host contract. Examining its establishment and development and integrating it into China’s arbitration legislation and judicial practice will help give full play to the value of the arbitration system.