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国际商事仲裁是建立在双方当事人契约自由的基础之上的。一般说来,契约自由又称合同自由,通常包括订约自由和内容自由。订约自由是指当事人完全地决定是否用合同这种手段来调整某项关系,亦即他可以自主决定订不订合同以及同什么人订立合同;内容自由又称构成自由,是指当事人可以完全自由地同对方约定合同的内容。契约自由反映在国际商事仲裁中,首先表现在当事人可以基于自己的意志决定是否将争议事项提交仲裁;如果提交仲裁,在仲裁协议中可以自
International commercial arbitration is based on the freedom of contract of both parties. In general, freedom of contract, also known as freedom of contract, usually includes freedom of contract and freedom of content. Contractual freedom means that the parties completely decide whether or not to use contractual means to adjust a relationship, that is, he can independently decide whether to conclude a contract or not and conclude a contract with anybody. Content freedom, also called freedom, means that the parties can completely Free to agree with the other contract content. Freedom of contract is reflected in international commercial arbitration, first of all in the parties can decide whether to submit the dispute to arbitration based on their own will; if submitted to arbitration, arbitration agreement can be from