浅析国际商事仲裁管辖权与国际民事诉讼管辖权的关系

The analysis of connection between international commercial arbitration jurisdiction and International civil litigation jurisdiction

当今世界随着科技和经济的迅速发展,各国之间的国际经济贸易交往不断扩大,经济贸易摩擦时有发生。仲裁日益成为解决现代国际商事纠纷最为重要的方式。诚然仲裁有诸多优点,地位日趋重要,但仲裁不是唯一的解决方式,诉讼的方式必不可少。因此厘清国际仲裁管辖权与国际诉讼管辖权的关系具有重要意义,能帮助当事人在订立合同之际作出合理的选择。文章将浅析国际商事仲裁管辖权和国际民事诉讼管辖权两者的联系与区别,通过比较得出二者的优点与缺点。

In today＇s world along with the rapid development of science and technology and economy, the international economic trade between countries is expanding constantly, economic and trade exchanges friction occur frequently. Arbitration increasingly becomes modem international commercial dispute solution as the most important way. Admittedly arbitration has many merits, status is becoming more and more important, but not all of the disputes are finally settled by arbitration, arbitrators have jurisdiction in this dispute. It： no jurisdiction even had made the arbitral award, the ruling still might be court？ This paper analyses the international commercial arbitration jurisdiction and international civil litigation jurisdiction over the relationship and difference between both, by comparing the advantages and disadvantages.