责任保险合同中常常含有仲裁条款,一旦保险事故发生后,第三人往往成为被保险人的替代者,取得了直接依据合同向保险人的请求权,责任保险中仲裁条款是否对第三人能够生效,成为理论和实务中的难题。责任保险中的仲裁条款向第三人扩张产生了许多法律争议。首先,仲裁条款没有经过第三人的同意,因此有悖于传统仲裁法理论;其次,由于第三人不是合同当事人,仲裁条款向第三人扩张还面临着合同相对性原则的考验;再次,司法实践中对仲裁条款的审查结果也出现了分化。在考察了所有争议后,本文认为应该赋予责任保险第三人有优先选择仲裁的权利。 The liability insurance contract often contains an arbitration clause. Once an insured event occurs, the third party often becomes an alternative to the insured and obtains the right of claim to the insurer directly under the contract. Whether the arbitration clause in the liability insurance is able to enable third parties Come into force, become a problem in theory and practice. Arbitration clauses in liability insurance have led to many legal disputes over the expansion of third parties. First of all, the arbitration clause has not been approved by the third party, so it runs counter to the traditional theory of arbitration law. Second, because the third party is not the party to the contract, the arbitration clause is faced with the principle of contract relativity. Thirdly, Judicial practice of arbitration provisions of the review results also appeared divided. After examining all the controversies, this article argues that the third party of liability insurance should be given the right to give priority to arbitration.