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非国内化理论是20世纪80年代发展起来的一种理论,该理论的主要观点是:在法律选择阶段,当事人自主选择仲裁程序法;程序进行阶段,尽量减少甚至消除仲裁地法院对仲裁程序的干预;承认执行阶段,被仲裁地法院撤销的非国内仲裁裁决在他国仍可得到承认和执行。该理论极大地促进了国际商事仲裁的自治性。
The theory of non-domesticization is a theory developed in the 1980s. The main points of view of the theory are as follows: During the period of legal choice, the parties independently choose the arbitration procedural law; during the procedural phase, they try to minimize or even eliminate the arbitration courts’ Intervention; Recognition of the implementation phase, the arbitration court to withdraw the non-domestic arbitral award in other countries can still be recognized and enforced. This theory has greatly promoted the autonomy of international commercial arbitration.