The Research Of The Foreign Ad Hoc Arbitration Construction In China

Stem from the development of commodity trading, the commercial arbitration is anorganization which deal with the commercial and civil affairs, it is full of full of democracy.At first there was only one kind of arbitration, that is, temporary arbitration, which means tolet the third party make the judgments. The history of the commercial arbitration couldequaled to the history of temporary commercial arbitration during this period, but later, as theshortness of temporary arbitration rose up, the arbitration agents occurred and generally got adevelopment. Nowadays, many nations and districts accept the temporary arbitration and thecommercial arbitration agents at the same time, and the parties can choose the arbitrationmode according to their interests. But in China, the consideration on the temporarycommercial arbitration system is not enough, which made the temporary commercialarbitration not being adopted perfectly into the arbitration system. Based on the internationalpractices, the temporary commercial arbitration system is a very important measure to dealwith the external commercial affairs and it also benefits our country’s external tradingdevelopment. This essay, taking sorts of concerning factors into considerations, willconcentrate on the emerging and development of temporary commercial arbitration and try tobring out some ideas about how to build up the external temporary commercial arbitrationsystem in China.Except the abstract and the conclusion, this essay will be divided into five sections.In section one, the domestic situation of the external temporary commercial arbitrationwill be described. The basic problems of the external temporary commercial arbitration willbe expatiated through the concept explanations and analysis of the developing history.Section two is about the necessary of the external temporary commercial arbitration.After comparing the concerning laws and common situations about the external temporarycommercial arbitration in different countries and districts, the view of the necessary of theexternal temporary arbitration will be clearly understood.In section three, the necessary of the external temporary commercial arbitration will beexplained from the view of improving our commercial arbitration career and economy.Section four will discuss the practicability of building up the external temporarycommercial arbitration in China proceeding from China’s actual conditions.In section five, there will be some specific ideas about how to build up the external temporary commercial arbitration in China. Advices of revising the arbitration legislation andestablishing of the arbitration commission will be raised, trying to build up an externaltemporary commercial arbitration in the charge of the arbitration commission, hoping to makesome practical contribution to the construction of China’s external temporary commercialarbitration.