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非内国仲裁又可称为非内国化仲裁或非地方化仲裁(de- localized arbitration),是自20世纪50年代以来从实践中逐渐发展起来的一种新的理论,其代表人物是波尔森(Jan Paulson)。这种理论认为,国际商事仲裁程序可以不受仲裁地国的法律的限制,仲裁裁决的法律效力也不必由仲裁地国的法律赋予。国际商事仲裁裁决在申请强制执行之前,不受任何国家法院的监督。任何国家的法院均不能行使撤销此项仲裁裁决的权力。对国际商事仲裁裁决的惟一的补救办法是:或者承认此项裁决的法律效力并予以强制执行,或者不承认该裁决的法律效力并拒绝执行。这样的仲裁裁决通常被称为无国籍裁决(un- national award)或浮动裁决(floating award)。
Non-domestic arbitration, also known as non-domestic arbitration or de-localized arbitration, is a new theory that has been gradually developed from practice since the 1950s. Its representative is Poulsen (Jan Paulson). According to this theory, the procedure of international commercial arbitration may not be limited by the law of the country where the arbitration is conducted. The legal effect of the arbitral award also need not be conferred by the law of the country where the arbitration is conducted. The international commercial arbitration award is not supervised by any national court until it is applied for enforcement. No country’s courts can exercise the right to rescind an arbitration award. The only remedy for an international commercial arbitral award is that it either recognizes the legal validity of the award and enforces it or does not recognize the legal effect of the award and refuses to enforce it. Such an arbitration award is often referred to as an un- national award or a floating award.