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临时仲裁是仲裁的原始形态,在国际社会中得到了广泛的运用,对于解决民商事纠纷发挥了巨大作用。它是和机构仲裁相对应的一种仲裁模式,两者相互结合,可以共同促进仲裁制度的发展。但我国的《仲裁法》对临时仲裁未做明确规定,从更好保障当事人的权益,促进我国多元化纠纷解决机制完善的角度考虑,十分有必要构建这一制度,推动我国仲裁事业的长足发展。
Provisional arbitration is the original form of arbitration. It has been widely used in the international community and has played an important role in resolving civil and commercial disputes. It is an arbitration mode corresponding to the agency arbitration. When they are combined with each other, they can jointly promote the development of the arbitration system. However, the “Arbitration Law” of our country lacks clear provisions on ad hoc arbitration. From the perspective of better safeguarding the rights and interests of the parties concerned and promoting the improvement of the pluralistic dispute resolution mechanism in our country, it is very necessary to construct this system and promote the rapid development of arbitration in our country .