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(一) 仲裁就是双方当事人自愿把争议交第三者居间公断,并执行其裁决的一种制度。据说早在古罗马时期就已被采用,随着近代资本主义国际贸易的发展,不仅用仲裁解决国内纠纷,也用于解决国际经贸和海事纠纷。本世纪以来,国际商事仲裁更得到各国的普遍承认和广泛应用,并相继通过立法确认仲裁制度。国际上还通过了1923年《仲裁条款议定书》和1958年《承认和执行外国仲裁裁决
(1) Arbitration is a system whereby both parties willingly voluntarily submit disputes to third parties for arbitration and enforce their rulings. It is said that it was adopted as early as ancient Rome. With the development of international trade in modern capitalism, not only domestic disputes are solved by arbitration, but also international economic and trade disputes and maritime disputes. Since the beginning of this century, international commercial arbitration has been universally recognized and widely used by all countries, and one after another, legislation has been adopted to confirm the arbitration system. Internationally adopted the 1923 Arbitration Clause Protocol and the 1958 Recognition and Enforcement of Foreign Arbitral Awards