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仲裁作为解决纠纷的非官方渠道,其生命力在于当事人自愿。自愿使得仲裁有可能开始并持续进行,最终有效地解决当事人间的纠纷。自愿达成的仲裁协议是仲裁程序的起点和履行裁决必要而充分的条件,因此是仲裁的重心。此外仲裁制度受到国家强行法和公共政策的限制,使得仲裁制度有别于其非诉讼争端结局方式而深入人心。
Arbitration, as an unofficial channel for settling disputes, has its vitality based on the parties’ willingness. Voluntarily allowing arbitration is likely to start and continue, and ultimately resolve disputes between the parties. Arbitral agreements reached voluntarily are the starting point for arbitration proceedings and the conditions necessary and sufficient for the performance of the award, and are therefore the center of gravity of the arbitration. In addition, the system of arbitration is restricted by national laws of jus cogens and public policies, which makes the arbitration system deeply rooted in the people’s minds different from the way of non-litigation dispute.