荷兰仲裁法评述:仲裁协议的形式有效性和实质合法性

A Commentary on the Dutch Arbitration Act:Formal Validity and Substantive Legality of Arbitration Agreement

作为拥有国际法院和国际仲裁院东道国的荷兰,在国际仲裁领域因其完备的立法和司法体系而出名。现行《荷兰仲裁法》以扩大当事人意思自治为原则,以维护仲裁程序灵活高效为目的,吸引大量国际仲裁案件选择荷兰为仲裁地。《荷兰仲裁法》在立法体例上以仲裁地是否位于荷兰区分适用,从而给予外国当事人以国内当事人平等对待的权利;在立法理念上,其尊重当事人意思自治,减少强制性规则的制定;在规范＂仲裁协议＂效力上,其降低对仲裁协议＂书面＂形式的认定,遵循＂支持仲裁协议有效＂原则,最大程度地尊重当事人仲裁的合议。本文将就上述特点对《荷兰仲裁法》进行分析,以展现荷兰仲裁法内部的严谨性和完整性,以期为我国仲裁法的完善提供参考。

As a host country in which the International Court of Justice and the International Court of Arbitration are, the Netherlands is renowned for its complete legislative and judiciary systems in the field of international arbitration. The current ＂ Dutch Arbitration Act ＂ taking enlarging party autonomy as the principle and maintaining flexibility and efficiency of arbitral proceedings as the aim, has attracted plenty of international arbitration cases selecting the Netherlands as arbitration seat. The Dutch Arbitration Act applies separately as whether or not the arbitration seat is the Netherlands so as to treat foreign parties as equally as domestic parties. Besides, it respects the right of party autonomy and decreases formulating compulsory regulations from the perspective of legislative purpose. In addition,it lowers the requirement of ＂writing＂of arbitration agreement, complies with the validation principle of arbitration agreement and respects parties＇ purpose of arbitration to a great extent from the perspective of regulating validity of arbitration agreement. Therefore, this article intends to show the preciseness and integrity of regulations of the Dutch Arbitration Act by analyzing the aforementioned features thereof, in order to provide recommendations and references to the China＇s arbitration law system.