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在现代民商事纠纷解决机制中,仲裁作为一种独立解决纠纷的方式,日益得到争议双方的认可并在实践中被广泛应用。与传统的机构仲裁相比,临时仲裁以其自主性、灵活性和经济性等优点得到了多数国家的认可,并在立法实践中予以明确。本文从临时仲裁的概念入手,结合我国当前的仲裁实践,对临时仲裁构建的必要性和可行性进行分析,并在规范仲裁员制度、保障仲裁裁决的执行和加强仲裁监督三个方面对临时仲裁制度的构建提出相关建议。
In modern civil and commercial dispute resolution mechanisms, arbitration as an independent way to resolve disputes is increasingly recognized by both parties in dispute and widely used in practice. Compared with traditional institutional arbitration, ad hoc arbitration has been recognized by most countries due to its autonomy, flexibility and economy, and it is clarified in legislative practice. This article starts with the concept of interim arbitration, analyzes the necessity and feasibility of constructing interim arbitration according to the current practice of arbitration in our country, and analyzes the necessity and feasibility of constructing interim arbitration, ad hoc arbitration in regulating the arbitrator system, ensuring the enforcement of arbitral awards and strengthening the supervision of arbitration System construction put forward relevant suggestions.