仲裁既是一种依靠社会力量解决纠纷的方式,又是一种极重要的替代式纠纷解决方式,在现代社会中发挥着重要的作用。但由于仲裁裁决具有准司法性,这就决定了仲裁必然受制于国家司法权力的监督和制约。但在我国仲裁法所建构的司法监督体制中却存在监督不当的情形。本文旨在分析法院和仲裁机构的关系,以便充分发挥仲裁的优势。 Arbitration is not only a way of settling disputes by means of social forces, but also an extremely important alternative dispute settlement method, playing an important role in modern society. However, due to the quasi-judicial nature of the arbitral award, this determines that the arbitration must be subject to the supervision and restriction of the judicial power of the state. However, there is a situation of improper supervision in the judicial supervision system constructed by China’s Arbitration Law. This article aims to analyze the relationship between courts and arbitration institutions in order to give full play to the advantages of arbitration.