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由于我国现行的仲裁法规定,冲裁协议应当约定明确的仲裁事由、明确的仲裁机构,未约定明确的,仲裁协议无效。然而在法律司法实践中,当事人虽然未约定由明确的仲裁机构,但是一方申请某仲裁机构仲裁且另一方也前去应诉的情况时有发生,而对于当事人应诉行为的法律效力则是众说纷纭,莫衷一是。文章针对原合同未约定明确的仲裁机关的情况下,就该仲裁条款的效力作简要分析。
Due to the current Arbitration Law of our country, the arbitration agreement should stipulate definite arbitration grounds and a clear arbitration institution. If there is no specific agreement, the arbitration agreement is invalid. However, in the legal and judicial practice, although the parties did not agree to a clear arbitration institution, but one party to arbitration for arbitration and the other party also went to the respondents have occurred from time to time, and the legal effect of the respondent’s action is to say different opinions Unpredictable. This article briefly analyzes the validity of the arbitration clause in the case that there is no definite arbitration authority in the original contract.