“非国内化”仲裁是当前国际商事仲裁领域的一个发展趋势。该理论建立在当事人意思自治原则基础上,主张仲裁程序摆脱仲裁地国法律体系的束缚和控制。“非国内化”仲裁裁决是否可以依据《纽约公约》得以承认和执行,不能一概而论,而需要依据具体情况而定。该理论目前仍属于新生的,处于发展阶段的理论,存在着较多不足和缺陷,这也影响了其被实践所接受的进程和程度。“非国内化”仲裁目前仍然需要不断夯实其理论基础。 “Non-domesticization ” Arbitration is a trend in the field of international commercial arbitration. The theory is based on the principle of party autonomy and advocates that the arbitration procedure should be freed from the bondage and control of the legal system of the country where the arbitration is conducted. Whether or not an arbitral award can be recognized and enforced under the New York Convention can not be generalized but needs to be decided on a case-by-case basis. At present, the theory still belongs to the newborn theory at the stage of development, which has many deficiencies and shortcomings, which also affects the process and degree of its acceptance by practice. “Non-domestic ” arbitration still need to constantly consolidate its theoretical basis.