随着社会生活的日益复杂化以及商品经济的迅速发展,社会纠纷也日益增多,仲裁已经受到了越来越多争议当事人的青睐和选择,并在国际商事交往中发挥着巨大的作用。由于仲裁是以当事人之间的仲裁协议为前提的,而第三人是仲裁协议之外的人,与仲裁申请人和被申请人之间并不存在仲裁协议,按照传统的现点,是不能参加到仲裁中来的。但是仲裁实践中又有大量的涉及第三人的仲裁案件,这类案件往往因第三人不能到庭且又与该案处理结果有直接的利害关系。对于仲裁制度能否引入第三人制度,理论上尚无定论,看法不一。笔者认为,仲裁作为一种法律制度要保持旺盛的生命力,就需要在保持自身特点的同时与时俱进,适应法律实践的需要而发展。因此,本文赞成在仲裁机制中引入第三人制度,并以此观点为基础展开全文。 With the increasing complexity of social life and the rapid development of commodity economy, social disputes have also increased day by day. Arbitration has been favored and chosen by more and more controversial parties and has played an important role in international commercial exchanges. Since the arbitration is premised on the arbitration agreement between the parties, and the third party is a person other than the arbitration agreement, there is no arbitration agreement between the arbitration applicant and the respondent. According to the traditional spot, it can not To participate in arbitration. However, there are a large number of arbitration cases involving third parties in the arbitration practice. Such cases are often not directly attributable to the third party and have a direct stake in the outcome of the case. The arbitration system can be introduced into the third party system, in theory there is no conclusion, different views. In my opinion, arbitration as a legal system to maintain vitality, we need to keep its own characteristics at the same time with the times, to adapt to the needs of legal practice and development. Therefore, this article is in favor of the introduction of a third party system in the arbitration mechanism, and based on this view, the full text is expanded.