论被代位债权的仲裁协议对代位权人的效力

On the Effectiveness of Arbitration Agreement on Subrogation Right

司法实务中各级、各地法院对于债务人与次债务人之间签订的仲裁协议对代位权人是否具有约束力的观点不一致。本文在梳理对此问题不同观点的基础上,结合代位权与被代位的债权的关系、代位权与受转让的债权的关系以及诉讼管辖协议与仲裁协议效力的计较分析,结合域外经验,认为被代位债权的仲裁协议对代位权人应当具有约束力。

In the judicial practice,the opinions of the courts at various levels and localities on whether the arbitration agreement signed between the debtor and the sub-debtor is binding on the subrogation person is inconsistent.On the basis of sorting out different views on this issue,this paper combines the relationship between subrogation rights and subrogated claims, the relationship between subrogation rights and transferred claims, and the comparative analysis of the effectiveness of litigation jurisdiction agreements and arbitration agreements, as well as extraterritorial experience, the paper holds that arbitration agreement for claims shall be binding on the subrogation.