按照传统的仲裁裁决国籍的判定,裁决一般可分为外国裁决、本国裁决和无国籍裁决,“非内国裁决”自纽约公约生效后便成为一个在实践和理论中极易引起争论的概念,非内国裁决在国籍意义上究竟是外国裁决,抑或本国裁决,还是可以不顾及其国籍属性,仅视之为一类特殊的裁决,笔者粗呈浅见,以文记之。 Judgments based on traditional nationality of arbitral awards can generally be divided into foreign rulings, domestic rulings and statelessness rulings, and the “non-domestic ruling” becomes a highly contentious concept in practice and theory since the New York Convention took effect Whether the non-domestic ruling is a foreign ruling or a domestic ruling in terms of nationality can be regarded as a special kind of ruling only if it is irrespective of its nationality.