摘要
本文针对仲裁第三人制度的问题进行研究,以尊重当事人的意思自治和仲裁协议或仲裁条款为当事人申请仲裁的前提要件和仲裁机构行使仲裁权的依据。根据合同的相对性原则,"仲裁第三人"不受当事人仲裁条款的约束,也不能享有仲裁协议所确定的权利,不必承担参与仲裁程序的义务。以引述案例带给人们以启示:在社会中加强对仲裁制度的宣传,使人们了解这种争端解决方式及其特点。为维护公民的合法利益起着积极的作用。
As one of the approaches to dispute resolutions, the main feature of arbitration is to respect the intention of parties. Arbitration agreement or arbitration term is the precondition for the launch of arbitration, as well as the foundation for arbitration institution to exert its power. According to the principle of contract relativity, arbitral third parties are not bound by arbitration agreement, and do not enjoy the relevant right provided by the agreement. However, some people hold that the arbitration third party system should be created. The author of this paper does not agree to set up such a system, but the case referred to in this paper gives some insight into the issue:arbitration system should be well spread in the society in order to help the public understand this dispute resolution system and its features.
出处
《三江高教》
2007年第Z2期67-70,共4页
Higher Education of Sanjiang University
关键词
仲裁
第三人
纠纷解决
arbitration
third party
dispute resolution
