论文部分内容阅读
随着改革开放的深入,涉外经济纠纷案件逐年上升,在审判实践中遇到了不少问题,下面仅就审理涉外经济纠纷案件中的几个问题谈谈看法.1.仲裁与诉讼的关系.或仲或审原则.在审理涉外经济纠纷案件的过程中,特别是在立案时,要坚决贯彻或仲或审原则.涉外经济合同的当事人在其合同中明确表示发生合同纠纷提交仲裁机构仲裁,即订有仲裁条款的,如果当事人就其合同纠纷诉至法院,人民法院就不应审理.涉外经济合同的变更和终结并不影响原仲裁条款的效力,其处理纠纷的方式仍按原涉外经济合同的规定.如果原涉外经济合同变更或终结,对于涉外经济合同纠纷,原涉外经济合同规定提交仲裁机构解决的,仍由仲裁机构解决,原涉外经济合同规定可以诉讼解决的,人民法院方可受理.我国涉外经济合同法第38条规定:“当事人没有在合同中订立仲裁条款,事后又没有达成书面协议的,可以向人民法院起诉”.
With the deepening of reform and opening up, the number of economic disputes involving foreign countries has risen year by year, and many problems have been encountered in the trial practice. Here are just some of the issues concerning the handling of foreign-related economic disputes: 1. The relationship between arbitration and litigation. In the process of hearing foreign economic disputes, especially when filing a case, the principle of arbitration or arbitration must be resolutely implemented. The parties involved in a foreign-related economic contract clearly state in the contract that a contract dispute has occurred and are submitted to the arbitration institution for arbitration, that is, Where an arbitration clause is provided, the people’s court shall not hear the case if the parties complain to the court about their contract disputes.The change and termination of the foreign-related economic contract will not affect the validity of the original arbitration clause, and the way of handling disputes is still based on the original foreign-related economic contract If the original foreign economic contract is changed or terminated, the dispute concerning the foreign-related economic contract and the original foreign-related economic contract submitted to the arbitration institution for settlement shall still be settled by the arbitration institution and the original foreign-related economic contract may be litigated, the people’s court may accept the dispute Article 38 of China’s Foreign-related Economic Contract Law states: “The parties did not enter into an arbitration clause in the contract and did not reach an agreement afterwards Side agreement may be brought before the people’s court. ”