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浮动仲裁理论自20世纪50年代以来,在对传统仲裁理论的批判中成长,并在国际商事仲裁理论界与实践当中引发了重要而深刻的变革。该理论要求突破仲裁地法对于仲裁程序的束缚,在这点上与传统理论发生了激烈的冲突,并由此引出了浮动裁决的效力和承认与执行这两个极具现实意义的问题。本文旨在通过对这两个问题的探讨并粗略扫描浮动仲裁理论在各国实践来对浮动仲裁理论的前景做一定展望。
Since the 1950s, floating arbitration theory has grown up in the critique of the traditional theory of arbitration and has caused important and profound changes in the field and practice of international commercial arbitration. This theory requires breaking the shackles of the arbitration ground for the arbitration procedure and violently conflicts with the traditional theory in this respect. It leads to the validity of the floating award and the recognition and implementation of the two issues of great practical significance. The purpose of this article is to give some perspectives on the future of floating arbitration theory through the discussion of these two issues and a rough scan of floating arbitration theory in various countries.