引言:仲裁协议独立原则作为国际商事仲裁的一项基本原则,已得到了各国立法及实践的认同。尽管如此,在仲裁理论和实践中,对于特殊情形下仲裁条款独立性的认识尚存在模糊的认识,并由此导致了该原则适用的误区。 Introduction: As a basic principle of international commercial arbitration, the independence principle of arbitration agreement has been approved by the legislation and practice of all countries. Nevertheless, in the theory and practice of arbitration, there is still a vague understanding of the independence of arbitration clauses under special circumstances, which leads to the misunderstanding to which this principle applies.