仲裁是解决民商事纠纷的一种行之有效的方式。在仲裁理论和实践中,有学者提出仲裁应和诉讼一样,设立第三人制度。从现有的仲裁理论基础出发,通过比较分析学者们赞成与反对的理由,并结合国内外仲裁理论与立法实践,认为在现有的理论基础之上,仲裁中不应也不可能设立仲裁第三人制度。 Arbitration is an effective way to solve civil and commercial disputes. In the theory and practice of arbitration, some scholars propose that the arbitration should establish the third party system just like litigation. Based on the existing theoretical basis of arbitration, through comparative analysis of the reasons for scholars’ approval and opposition, combined with domestic and international arbitration theory and legislative practice, it is considered that it is not and impossible to establish arbitration in arbitration based on the existing theoretical foundation Three people system.