论国际商事仲裁裁决效力的正当性

On the Justification of Effect of International Commercial Arbitral Award

现代社会,国际商事仲裁已成为除司法诉讼之外最具效用和制度化的一种纠纷解决方法。国际商事仲裁裁决效力体系的建构,应当植根于市民社会的沃土,定位于融合了私力救济与公力救济特质的社会型救济类型,循实现程序正义之途,于具体解纷过程中的合意因素与决定因素间寻求纠纷的有效解决。

In modern society, international commercial arbitration, in addition to judicial proceedings, has become the most effective and systematic method of dispute resolution. It should be rooted in the fertile soil of civil society and located in the social remedy which is the combination of the self-help and judicial remedy, when setting up the system of the effectiveness of international commercial arbitral award. It also should be based on the procedural justice and by analyzing the negotiable and judicial factors in order to resolve dispute effectively.