On The Ad Hoc Arbitration

As a kind of alternative dispute resolution system, arbitration plays a significant role in the modem social and economic life. Arbitration consists of institutional arbitration and ad hoc arbitration. Because ad hoc arbitration has many advantages, it is widely adapted by most countries and districts in the world.However, it is excluded in the current Arbitration Law of People's Republic of China, which would restrict the parties' options of dispute resolutions, therefore, it inhibits the energy of arbitration. This situation has brought a series of negative affection for both the arbitration system and the economic development of China. To avoid the negative affection, it is necessary for China to bring ad hoc arbitration into law.This paper states that China should adapt ad hoc arbitration in its arbitration system, and revise the current arbitration law accordingly. Besides of the introduction and conclusion, this paper is divided into 4 parts to discuss relevant problems:Part 1 discusses the basic questions of ad hoc arbitration. The parties' option rights is the theory foundation of ad hoc arbitration, and efficiency and fair is the value-orientation of ad hoc arbitration. Ad hoc arbitration is the original form of arbitration and the base of institutional arbitration. Compared with institutional arbitration, ad hoc arbitration has its distinctive advantages in dispute resolution. It fully reflects the self- option rights of the parties, with more flexibility and adaptability, convenient procedures and high efficiency. Because of its advantages, it will have its effect on the dispute resolution of maritime affairs, sports, and electronic commerce and so on. It also has its disadvantages, for example, it requires the parties' cooperation, it is difficult to ensure the arbitrator's qualification and it relies on the assist of the court.Part 2 summarizes the current situation of arbitration in China. The current Arbitration Law gets rid of ad hoc arbitration, but the courts acknowledge the ad hoc arbitration agreement of other countries and districts, and also execute the ad hoc arbitration judgment. The experts of our country have also made ad hoc arbitration judgment successfully.Part 3 explores the necessity and feasibility for China to establish ad hoc arbitration. To obey the New York Convention, to respect the parties' option rights, to perfect the arbitration system and to develop the economy of our country need ad hoc arbitration. Ad hoc arbitration meets the requirement of the people and there is social foundation and economical environment for ad hoc arbitration to develop, so it is feasible for China to do so.Part 4 seeks for how to set up ad hoc arbitration in China successfully from different aspects. We should bring it into law first, and reset the arbitration agreement. Then it is necessary to formulate the arbitrator and arbitration court related affairs carefully to ensure the ad hoc arbitration go smoothly. At last, China should set up an arbitration association to assist ad hoc arbitration operate effectively and successfully.