股东代表仲裁无论在理论界还是实务界,尚为一全新的概念,至今鲜有学者对其进行探究和论述。2005年我国《公司法》引入股东代表诉讼,以强化公司监督,维护公司及股东的利益。然而,在股东代表诉讼制度发挥积极作用的同时,股东代表仲裁也应当成为应有之选项。当然,在股东代表仲裁制度立法阙如的情形下,从法理基础及仲裁的实践精神出发对其进行深入阐述成为必然。在此基础上,本文进行了详细的制度架构,给出了股东代表仲裁具体适用的思路。 The shareholder representative arbitration is still a completely new concept both in theory and in practice. So far, few scholars have explored and discussed it. In 2005, China’s “Company Law” introduced shareholder representative lawsuits to strengthen the supervision of the Company and safeguard the interests of the Company and its shareholders. However, while the shareholder representative litigation system plays an active role, shareholder representative arbitration should also be an option. Of course, under the absence of legislation on the shareholder representative arbitration system, it is inevitable to elaborate on the basis of the jurisprudence and the practice spirit of arbitration. On this basis, this article has carried on the detailed system structure, has given the concrete applicable thought of the shareholder representative arbitration.