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A Study On The Establishment Of Ad Hoc Arbitration In China

Posted on:2009-04-11Degree:MasterType:Thesis
Country:ChinaCandidate:Y F GengFull Text:PDF
GTID:2166360242988308Subject:International Law
Abstract/Summary:PDF Full Text Request
The arbitration system origins from Ad hoc arbitration and has been the only form of arbitration system for a long time. Even though the institutional arbitration system has swept over the world and has been more fashionable, the Ad hoc arbitration has still received rather favorite for its flexibility and efficiency. And the Ad hoc arbitration also obtained the universal acknowledgement and the respect in the international community. However, our Arbitration Law didn't regulate the Ad hoc arbitration system for its condition for validity of arbitration agreement. Multivariate society needs multivariate dispute settlement resolution, the absence of Ad hoc arbitration hinders the healthy development of arbitration of china. Therefore, the thesis chooses Ad hoc arbitration system as its research object and analyzes some theoretical and practical problems, then proposes the practical significance and some conception on how to establish Ad hoc arbitration in China.Centering on Ad hoc arbitration, the thesis is based on its concept and developments, and analyzes the advantages of Ad hoc arbitration. After studying the practice in the world and in China, the thesis provides some tentative ideas on how to design Ad hoc arbitration in China.Besides preface and final words, the thesis consists of 4 parts, about 33,000 characters.Part I is introduction, mainly explains the concept of Ad hoc arbitration.Part II inspects the present stations in the international community and in China. After analyzing the legislation and the practice of Ad hoc arbitration in the international society and in China.Part III the thesis provides the reasons of absence of Ad hoc arbitration of Chinese arbitration legislation as well as the negative influence of the absence of Ad hoc arbitration.Part IV analyzes the practical significance of introduction of Ad hoc arbitration in Chinese commercial arbitration as well as some designs on Chinese Ad hoc arbitration system, which includes its arbitration agreements, arbitrator, arbitration tribunal and the recognition and enforcement of the Ad hoc arbitration awards.
Keywords/Search Tags:Ad hoc Arbitration, Present Conditions, Absence, Establishment
PDF Full Text Request
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