试论仲裁管辖权

仲裁管辖权和法院管辖权的冲突在我国民事争议解决过程中经常遇到,其原因在于我国仲裁管辖权的法律规定不够明确,当事人对仲裁管辖权的理解也比较模糊。文章对仲裁管辖权的确定和取得进行了初步分析,并对我国仲裁管辖权制度的完善提出了一些建议,以期引起人们对这一问题的关注。

On the Jurisdiction of Arbitration

The conflict between the jurisdiction of arbitration and the court jurisdiction is a frequent problem in the process of settling civil disputes in our country. Its cause consists in the fact that the provision of arbitration jurisdiction is not clear and definite enough in the law of our country, and the party cannot fully understand the arbitration jurisdiction as well.By discussing the legal indications of arbitral jurisdiction and the acquisition of arbitral jurisdiction,this paper puts forward some suggestions to the improvement of the jurisdiction of arbitration in our country so as to make people give more concern about this problem.