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随着国际商事主体权利义务关系的复杂化,仲裁所受理存在合同第三人为典型代表的多方财产纠纷,致使仲裁协议符合一定条件可以对实体法第三人产生效力的呼声日益高涨。仲裁协议效力扩张根源于仲裁机制对公正与效率的价值追求。仲裁法司法解释中当事人变更和合同转让时仲裁协议对继受者的效力规定是仲裁协议效力扩张的立法突破。我国有必要顺应国际仲裁法发展的趋势,进一步对仲裁协议效力的扩张性加以完善。
With the complicity of the rights and obligations of international commercial entities, the Arbitration accepts the multi-party property disputes that exist as the typical representative of the third party in the contract. As a result, the arbitration agreement meets certain conditions and may become increasingly effective on the third party of substantive law. The expansion of the effectiveness of arbitration agreement is rooted in the value pursuit of justice and efficiency of arbitration mechanism. The provisions of the arbitration agreement on the successors when the parties change and the contract is transferred in the judicial interpretation of the Arbitration Law are the legislative breakthroughs in the expansion of the validity of the arbitration agreement. It is necessary for our country to comply with the trend of the development of international arbitration law and to further improve the expansibility of the effectiveness of the arbitration agreement.