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国际商事仲裁裁决的国籍标志着其法律效力的来源。从理论界和各国实践来看,以地域标准作为国际商事仲裁裁决的国籍已经成为主流。而我国长期的实践和理论中都以仲裁机构为标准来判断国际商事仲裁裁决的国籍;但同时,我国是《纽约公约》的成员国,公约主要采取地域标准。因此,无论我国的学术界还是司法实践中,由于双重标准的存在都引起了很多问题和争论,本文主要针对这些问题,进行分析并提出一些建议来试图解决国籍认定上的困境。
The nationality of international commercial arbitral awards marks the source of its legal validity. From the perspective of theory and practice in various countries, the nationality of geographical standards as the ruling of international commercial arbitration has become the mainstream. However, in the long-term practice and theory of our country, the nationality of arbitration awards in international commercial arbitration is judged by the standards of arbitration institutions. At the same time, our country is a member state of the New York Convention, and the convention mainly adopts geographical standards. Therefore, regardless of the academic or judicial practice in our country, many problems and disputes arose due to the existence of double standards. This paper mainly analyzes these problems and puts forward some suggestions to solve the predicament of nationality recognition.