The Research On Establishment Of Maritime Ad Hoc Arbitration System In China

With the increase of development and conflicts of international commercial and maritime trade, people are appealing to commercial and maritime arbitration. Nowadays, while ad hoc arbitration is applicable in most of the world, China legislatively excludes it, impeding the protection of litigant’s interest and the development of arbitration.This thesis focuses on ad hoc arbitration and discusses the benefits of ad hoc arbitration as well as the necessity and feasibility of introducing it to China in a maritime arbitration perspective. This thesis concludes that we should construct our maritime ad hoc arbitration, though there are some unfavorable factors. Meanwhile, the thesis put forward methods of setting up maritime ad hoc arbitration, in order to foster the development of ad hoc arbitration in China and facilitate the introduction of maritime ad hoc arbitration.This thesis is developed in four chapters.Chapter one is an overview of ad hoc arbitration. The part mainly introduces the concept, characteristics, origin, development, status and effect of ad hoc arbitration and makes a comparison between ad hoc arbitration and institutional arbitration, highlighting the incomparable advantages of ad hoc arbitration and that ad hoc arbitration is an integral part of arbitration system.Chapter two depicts the legislation of maritime ad hoc arbitration in China and the need of this system in practice, concluding that we should establish maritime ad hoc arbitration in China.Chapter three analyzes the unfavorable factors of setting up maritime ad hoc arbitration in China and reaching the conclusion that it can not realized now.The last chapter talks about the envisions of construction of maritime ad hoc arbitration in China in the future, in order to establishing the system earlier to contribute to the development of economic and trade of China, especially shipping industry.