裁审并存的仲裁协议效力及存在的认定

Validity of Arbitration Agreement for Arbitration and Judgment and its Legal Force

由于仲裁制度在中国的普及程度还有待提高,大量的仲裁协议还不够规范,尤其是裁审并存的仲裁协议,争议极大,现有的规定既不符合中国国情,也制约着仲裁制度的发展,应对相关之仲裁制度进行完善。

Since the arbitration has not been used as a universal practice, there are quite a number of incomplete arbitration agreements, and in particular arbitration and judgment agreements, which give rise to disputes. The current regulations do not conform to China＇s situation and restrict the development arbitration system. As a result, some measures have to be taken to improve the arbitration system.