仲裁理念探析

Exploration and Analysis of the Idea of Arbitration

与诉讼相比,仲裁有其自身独特的优越性,基于这种优势,支持仲裁的理念正在成为共识;而契约自由原则通常能够最大限度的发挥仲裁的优越性并贯彻支持仲裁的政策。一种实用主义思维进路为我们解决诸如仲裁性质的定位、原则与政策关系的平衡等问题提供了新的启示。

A variety of problems in present commercial arbitration system of China originate mainly from lack of correct idea supporting the system. Answers to how to realize the advantages of arbitration and develop them are the keys to those problems. Due to the advantages of resolving disputes through arbitration, the idea of favoring arbitration is becoming a common view. And in general, insisting on the principle of freedom of contract can develop arbitration-s advantages best and is conducive to the implementation of the policy favoring arbitration. The foregoing analysis reflects a pragmatistic approach. That pragmatistic ap- proach provides us with new inspiration about such issues as the nature of arbitration, the relationship between principle and policy, etc. and perhaps makes many problems nagging us not problems any longer.