论仲裁的诉讼化及对策

仲裁的诉讼化与当事人对仲裁的期望背道而驰,使仲裁作为替代诉讼的争议解决方式失去了其固有的优势,并因其优越性的丧失而面临来自其他替代争议解决方式的挑战。目前仲裁领域的诉讼化现象特征明显,并且弊端突出,急需制定相应对策。

On Arbitration Litigation and Its Countermeasure

The arbitration litigation is opposite to the parties' expectation on arbitration. As a dispute resolution method in substitute for litigation, arbitration loses its inherit advantages and is facing the challenges of other substitutive resolution methods. Currently the arbitration litigation trend is becoming serious and brings in many disadvantages. Our country is in emergent need of countermeasures to this.