论强制仲裁在我国民商事领域中的适用

On the Application of Mandatory Arbitration to the Field of Civil and Commercial Affairs

随着仲裁事业的不断发展,各种新形式的仲裁方式不断涌现,强制仲裁就是一例。然而强制仲裁适用到民商事领域当中,必将与民商事领域中的主体平等和意思自治等基本理念及仲裁协议必须达成的真正合意这个基本要求相矛盾。本文分析了强制仲裁在民商事领域中适用的优缺点,并在此基础上提出了调和此矛盾的方法和措施。

With the development of arbitration,some new kinds of arbitration have emerged, including mandatory arbitration.When this special type of arbitration is applied to the field of civil and commercial affairs,however,it seems inevitable that the mandatory characteristic of this arbitration is contrary to the basic principles of civil and commercial law,such as equality of subjects and principle of autonomy of will.In this note,the author analyzes both advantages and disadvantages resulting from the application of mandatory arbitration to the field of civil and economic affairs,based on which several solutions and measures to reduce the contradiction and to solve this problem are raised.