刍议不规范仲裁协议效力问题

仲裁协议作为国际商事仲裁的基石,具有很强的民间性,当事人既然合意将他们之间的争议提交仲裁,就表达了受仲裁约束的愿望。然而,实践中存在着大量不规范仲裁协议,如何认定其效力,不仅要探求当事人的真实意思,还要充分尊重合同解释规则。

Brief Discussion on the effect of unregular arbitration agreement

As the foundation of international trade arbitral rules, arbitration agreement has a strongly characteristic of nongovernmental.Both parties of the dispute express their desires to obey the arbitration by their identical thoughts of submitting their disputes.However,in practice,there are plenty of unregular arbitration agreements.How to affirm the effect of them? Not only the real meaning of parties of disputes must be clarified, but also the interpret rules of Contract should be treated with ample respect.