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一事不再理原则作为司法适用中的一项基本规则,在理论上具有重要的地位。但是作为对一项法律原则的最终确认形式的立法上却对其没有一个准确的规定与定位,这也直接导致了该项原则在进行司法适用时缺乏立法支持以及适用标准,作者正是基于在学习国际经济法的过程中发现:在产生国际民商事争端时,被采用最多的仲裁方式中对适用一事不再理原则时的一些困惑,整理思路,形成此文。本文简单论述了自己对国际民商事仲裁适用一事不再理原则的适用标准以及其在国际商事仲裁中的适用问题。
As a basic rule in the application of justice, the principle of disinterestedness in theory has an important position in theory. However, as a final confirmation of a legal principle, the legislation does not have an accurate stipulation and positioning on it, which directly leads to the lack of legislative support and applicable standard of the principle in the judicial application. The author is based on During the course of studying international economic law, it was found that when the dispute between international civil and commercial affairs arisen, some puzzles in the application of the principle of non-application and the way of thinking were adopted by the most used arbitration method to form this article. This article briefly discusses the applicable standards of the principle of non-reliance on the application of arbitration in international civil and commercial matters and its application in international commercial arbitration.