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仲裁协议的独立性表明,仲裁协议效力的判断过程应当独立于实体性合同效力的判断过程,因而仲裁协议的法律适用与实体性合同的法律适用并无必然关联。法院应通过解释合同尽可能实现当事人在缔约时想要将争议提交仲裁的意思表示。若当事人既没有选择仲裁协议适用的法律、也没有约定仲裁地与仲裁机构所在地,应当以最密切联系地作为兜底连接点。
The independence of the arbitration agreement shows that the process of judging the validity of the arbitration agreement should be independent of the process of judging the validity of the substantive contract. Therefore, there is no necessary correlation between the legal application of the arbitration agreement and the legal application of the substantive contract. The court should explain the meaning of the contract by trying to bring the dispute to arbitration when it is concluded as far as possible. If the parties neither chose the law applicable to the arbitration agreement nor agreed on the place of arbitration and the place of arbitration, they should use the closest connection as the point of connection.