仲裁管辖问题研究

作为替代性纠纷解决机制之一的仲裁，在化解和处理社会矛盾方面发挥着越来越大的作用。仲裁管辖具有丰厚的理论基础，它体现了追求效率与兼顾公正的价值、贯彻意思自治原则的要求，实现了社会救济与公力救济的契合。仲裁管辖权的取得应具备一定的条件，仲裁管辖与法院管辖之间存有冲突，在二者发生冲突时应克服司法本位，引入仲裁自裁管辖原则。

Study on the Arbitration Jurisdiction

As one of the alternative mechanisms for solving the disputes, the arbitration has played an active role in reducing the social contradictions. The arbitration jurisdiction is based on the rich theoretical basis, and it meets the demands of pursuing the efficiency with due consideration to fairness and carry out the principle of autonomy, which realizing the agreement of social relief and public relief. The acquisition of arbitration jurisdiction must satisfy the certain conditions, and there is the conflict between the arbitration jurisdiction and the court jurisdiction. When the two have the conflict, the judicial standard should be overcome, and the self decision principle of arbitration jurisdiction must be introduced.