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“非内国裁决”标准被纳入《纽约公约》,是由于德、法两国允许当事人选择非仲裁地的仲裁法来对仲裁进行管辖,并以仲裁适用的仲裁法来判断仲裁裁决国籍,因此国外学者就此给出了其“原始适用”的两个限制条件,但实践中对其适用出现了异化。由于我国现行法律依据仲裁机构的国籍判断仲裁裁决国籍,该标准恰巧可以用来解决在我国执行外国仲裁机构以我国为仲裁地作出的裁决的法律适用问题,但此非长策,应尽快引进仲裁地标准。
The inclusion of the “non-domestic ruling” standard in the “New York Convention” is due to the fact that Germany and France allow the parties to choose the arbitration law of the non-arbitration jurisdiction to govern the arbitration and use the arbitration law applicable to determine the nationality of the arbitration award, Therefore, foreign scholars have given its “original application” of the two restrictions, but in practice its application alienation. As China’s current law judges the nationality of the arbitration award on the basis of the nationality of the arbitration institution, this standard happens to be used to solve the problem of the application of the law in our country for the execution of a foreign arbitration institution’s arbitration. However, this non-long-term policy should be introduced into the arbitration ground as soon as possible standard.