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商事友好仲裁在处理商事纠纷的时候,以其公允善良的理念受到了当事人的青睐,因其完备合理的制度设计在实践中得到了广泛的运用。商事友好仲裁公允善良的理念如同人的头脑一样重要,指引着仲裁员和当事人对商事友好仲裁制度加以运用。借鉴制度经济学中的交易成本理论和制度创新理论,从微观角度探寻制度的价值存在和制度的运用,能够揭示商事友好仲裁制度存在的合理性和其发展的必然性。
When dealing with commercial disputes, commercial-friendly arbitration is favored by the parties due to its fairness and goodness. Due to its complete and reasonable system design, it has been widely used in practice. The concept of fair-mindedness in business-friendly arbitration is as important as human mindset and guides the arbitrators and parties to apply the system of business-friendly arbitration. Using the transaction cost theory and institutional innovation theory in institutional economics for reference, we can explore the existence of value system and the application of system from the microscopic point of view, which can reveal the rationality and inevitability of the commercial friendly arbitration system.