台湾地区仲裁机构与法院关系的相关规定及其启示——以《民事诉讼法》和《仲裁法》的修改为视角

仲裁机构和法院作为民商事争议解决领域的两大主要机构,既相互支持协作,又在一定程度上存在对立。正确认识和处理二者的关系,对于充分发挥仲裁的解纷功能具有十分重要的意义。其中,仲裁立法的质量十分关键。我国台湾地区仲裁立法中仲裁机构与法院关系的相关规定可以为大陆民事诉讼法和仲裁法的未来修改提供借鉴。

Inspiration from the Relevant Laws and Regulations on the Relationship between the Arbitration Organization and Court of Taiwan,China—in Terms of the Modification of Law of Civil Procedure and Arbitration Law

As two chief dispute settlement organizations for civil and commercial disputes,the arbitration organization and court are supportive but sometimes antagonistic to each other.Proper understanding and settlement of the relationship between these two organizations are crucial to the full application of arbitration in the settlement of the civil and commercial disputes.Among all the facts,the quality of the arbitration legislation is very important.The relevant laws and regulations on the relationship between the arbitration organization and court of Taiwan China are expected to provide reference for the modification of the Civil Procedure Law and Arbitration Law in the future.