论国际商事仲裁中的异议权放弃规则
The Waiver Rule of Objection Right in International Commercial Arbitration

异议权放弃规则既符合诚实信用原则，也尊重当事人的意思自治，契合国际商事仲裁对于效率价值的追求。正确运用异议权放弃规则，需要明确区分该规则的各种类型、细致分析其构成要件。我国现行仲裁法对于异议权放弃规则的规定范围较窄，虽然征求意见稿对此已有所突破，但仍可继续完善。
The waiver of objection right not only conforms to the principle of good faith, but also respects the autonomy of the parties’ will, which accords with the pursuit of efficiency value in international commercial arbitration. In order to use the rule correctly, it is necessary to clearly distinguish the types of the rule and carefully analyze its constituent elements. The current arbitration law of China has a narrow scope for the rule of giving up the right of objection. Although the draft for soliciting opinions has made a breakthrough, it can still be improved.