商事仲裁员独立性制定标准的分析与认定
发布时间：2018-10-05 13:31
【摘要】：商事仲裁员独立性最为核心的是制定法认定标准问题。世界上主要国家形成了"表面偏见"和"正当怀疑"两种标准,由此引发的问题是商事仲裁员是否应适用与法官同等的制定法认定标准。"正当怀疑"标准得到了更广泛和普遍的接受,而仲裁员应适用比法官更低的制定法认定标准已成为商事仲裁的主流看法。我国商事仲裁法并未明确规定商事仲裁员独立性的制定法认定标准,应在借鉴世界主要国家相关做法的基础上,进行立法完善,以使我国更好地解决商事仲裁员独立性认定标准这一公认的商事仲裁难题。
[Abstract]:The core of the independence of commercial arbitrators is the standard of establishing law. The main countries in the world have formed "superficial prejudice" and "just doubt", which raises the question of whether commercial arbitrators should apply the same standards of statutory determination as judges. " The standard of "legitimate doubt" has been accepted more widely and generally, and it has become the mainstream view of commercial arbitration that arbitrators should apply lower standards of statutory determination than judges. Our country's commercial arbitration law has not clearly stipulated the standard of establishing law for the independence of commercial arbitrators. We should make legislation perfect on the basis of drawing lessons from the relevant practices of major countries in the world. In order to make our country better solve the problem of commercial arbitration which is recognized as the criterion of the independence of commercial arbitrators.
【作者单位】： 西南政法大学;
【分类号】：D925.7
，
本文编号：2253574
[Abstract]:The core of the independence of commercial arbitrators is the standard of establishing law. The main countries in the world have formed "superficial prejudice" and "just doubt", which raises the question of whether commercial arbitrators should apply the same standards of statutory determination as judges. " The standard of "legitimate doubt" has been accepted more widely and generally, and it has become the mainstream view of commercial arbitration that arbitrators should apply lower standards of statutory determination than judges. Our country's commercial arbitration law has not clearly stipulated the standard of establishing law for the independence of commercial arbitrators. We should make legislation perfect on the basis of drawing lessons from the relevant practices of major countries in the world. In order to make our country better solve the problem of commercial arbitration which is recognized as the criterion of the independence of commercial arbitrators.
【作者单位】： 西南政法大学;
【分类号】：D925.7
，
本文编号：2253574
本文链接：https://www.wllwen.com/falvlunwen/susongfa/2253574.html
