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瑕疵仲裁协议是当事人在争议发生之前或争议发生之后订立的仲裁意思表示明确、真实但内容存在些许缺陷的书面文件。一个仲裁协议是否瑕疵仲裁协议,取决于判定仲裁协议效力的法律。我国的仲裁立法对仲裁协议的有效要件规定的过于严苛,使许多当事人仲裁意思表示真实的仲裁协议被认定为瑕疵仲裁协议导致仲裁协议无效,当事人丧失了仲裁救济途径。我国的仲裁法亟待完善,亟待与国际社会接轨。我国应当以1985年联合国国际贸易法委员会《国际商事仲裁示范法》为蓝本制定我国的仲裁法律,使我国的仲裁法与各国法律保持一致,我国现在是贸易大国、海运大国,我国应该成为国际贸易争议仲裁中心和国际海事案件仲裁中心,这样才能与我国的贸易大国、海运大国地位相匹配。
Defective arbitration agreement is a written document made by the parties before the controversy or after the dispute arises that the arbitration agreement is clear and true but the content has some defects. Whether an arbitration agreement is a flaw arbitration agreement depends on the law that determines the validity of the arbitration agreement. The arbitration legislation in our country stipulates the effective elements of the arbitration agreement too harshly, which makes the arbitration agreement that many parties represent arbitration true is regarded as the flaw arbitration agreement, which invalidates the arbitration agreement and the parties have lost the way of arbitration relief. The Arbitration Law of our country needs to be improved urgently, and it is urgent to be in line with the international community. Our country should draw up our country’s arbitration law based on the 1985 UNCITRAL Model Law on International Commercial Arbitration so that our country’s arbitration law will be consistent with the laws of various countries. China is now a big trading country and a large shipping country, and our country should become an international trade Dispute Arbitration Center and the International Maritime Arbitration Center, so as to match our position as a major trading country and a maritime power.