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众所周知,仲裁机构对具体争议的管辖权来自双方当事人达成的仲裁协议。同时,仲裁协议撑除了国家法院对提交仲裁的案件的管辖权以保证当事人通过仲裁方式解决争议。一般而言,仲裁协议能够排除仲裁地国家法院的管辖权是没有疑义的,因为仲裁具有准司法的作用。光以仲裁协议本身,即双方当事人的约定,是不能剥夺国家司法管辖权的;但如果法律认可它具有这样的效力,它便能起到这样的作用。因此,国家法律授权和当事人的协议是确立仲裁的准司法地位的基石。
It is well known that the jurisdiction of arbitration institutions on specific disputes arises from the arbitration agreement reached by both parties. At the same time, the arbitration agreement upheld the jurisdiction of the national courts in the cases submitted to the arbitration to ensure that the parties resolved the dispute through arbitration. In general, there is no doubt that an arbitration agreement can exclude the jurisdiction of a national court of arbitration, since arbitration is quasi-judicial. As long as the arbitration agreement itself, that is, the agreement between the parties, can not deprive the country of its jurisdiction, it can do so if the law recognizes it as having such an effect. Therefore, the authorization by the national law and the parties’ agreement are the cornerstones that establish the quasi-judicial status of arbitration.