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为适应国际化、法治化的商业贸易环境,建立多元商事纠纷解决机制,上海自贸区自设立自贸区仲裁院后,制定颁布《自贸区仲裁规则》,其中完善、引进、创新了诸多先进仲裁制度,意在与国际主流仲裁规则相适应,包括临时措施权的完善,新增了仲裁员名册开放、案外人加入仲裁、仲裁合并、友好仲裁等制度,积极探索中国仲裁制度发展新思路。但仍应当注意到,这种创新探索存在着内部逻辑矛盾、与中国现行法冲突等问题,故而有必要对上海自贸区仲裁制度进行反思。
In order to adapt to the internationalized and legalized business and trade environment, a multi-jurisdictional dispute resolution mechanism has been set up. Since the establishment of a free trade zone arbitration commission, Shanghai Free Trade Zone has formulated and promulgated the “Free Trade Zone Arbitration Rules”, which have perfected, introduced and innovated many The advanced arbitration system is intended to be compatible with the international mainstream arbitration rules, including the perfection of the right of interim measures, the addition of a roster of arbitrators, the addition of outsiders to arbitration, arbitration and merger, and friendly arbitration, and actively explore new ideas for the development of China’s arbitration system . However, it should be noted that there are internal logical contradictions and conflicts with the current law in China in such innovative exploration. Therefore, it is necessary to reflect on the arbitration system in Shanghai’s FTA.