仲裁在商事领域,特别是在国际商事纠纷的解决方面体现出优于诉讼的效率,并且仲裁协议具有同司法判决一样的强制执行力,所以商事仲裁越来越普遍,甚至有在商事领域替代诉讼解决纠纷的趋势。但是,仲裁裁决的强制执行效力来源于何,在学界争议很大。主要的学说有契约说、司法权说、混合说、自治说等学说,无论哪种说法,都有其道理,也难免有失偏颇,有不足与局限。 Arbitration in the commercial area, especially in the settlement of international commercial disputes, shows the superiority of litigation efficiency, and the arbitration agreement has the same enforcement power as judicial decisions. As a result, commercial arbitration is becoming more and more common and there are even alternative litigation in the commercial field Solve the trend of disputes. However, the validity of the enforcement of arbitral awards comes from what, in the academic community controversial. The doctrine of the main doctrine that the doctrine of judicial power, mixed say, self-government doctrine, no matter what kind of argument has its own reason, it is inevitable that there are some biases, deficiencies and limitations.