The Design Of Ad Hoc Arbitration In China

Arbitration can be conducted under either self-administered (ad hoc) orinstitutional procedures. But there are distinct differences between the twoapproaches. In historical perspective, the ad hoc arbitration was the origin form ofarbitration. Then the establishment of specialized organization to administrate andsupervise the arbitration gave rise to the institutional arbitration. In addition, ad hocarbitration can be more flexible, cheaper and faster than institutional arbitration. Andad hoc arbitration is widely recognized by the international conventions. However,China’s Arbitration Law requires selected arbitration commission involvement in thearbitration agreement to make it into force, which indirectly denies the legal statusof ad hoc arbitration. The lack of ad hoc arbitration will not only impact theimprovement of China’s arbitration system and multivariate dispute settlementresolution, but also hinder the economic development and international trade. Theauthor believes that China needs to build ad hoc arbitration system. In the article,main theoretical issues of ad hoc arbitration will be discussed at first. Then thesignificance of ad hoc arbitration system will be explored under China’s specificnational conditions. At last, suggestions will be given to build China’s own ad hoc arbitration system, which are based on domestic and international arbitrationlegislation practices.This article consists of the introduction, four main sections and the conclusion.In the first section, fundamental issues of ad hoc arbitration are addressed,including defining concepts, analyzing essential property and advantages, exploringvalue orientation, and discussing development trend.In the second section, the author analyzes mainly on present situation of thearbitration system in our country. Firstly, the author analyzes the present situationfrom the view of legislation and practice. Then the author digs up the causes of theabsence of ad hoc arbitration system from the perspective of history, economics, andideas. At last, the author summarizes a variety of views toward the advantages andflaws of ad hoc arbitration system in the academic field.In the third section, the author discusses the necessity and inevitability to establishad hoc arbitration system in China. Firstly, the establishment of an advanced ad hocarbitration system will protect the rights of the parties and promote the marketeconomy. Secondly, the feasibility analysis to build ad hoc arbitration system isdiscussed in detail. Then the potential obstructions that may be encountered whenestablishing ad hoc arbitration system are addressed.In the forth section, the author proposes tentative ideas of building ad hocarbitration system from various perspectives, including the fundamental elements,arbitration agreement, arbitral award, arbitrator, arbitration tribunal and otherrelevant organizations. These ideas are based on practical experience at home andabroad and tailored to fit China’s specific national condition.