Predicament Of Ad Hoc Arbitration Application And Creative Establishment Of Ad Hoc Arbitration In China

In common commercial relationship, parties represent different economic interests. From establishment, to performance and completion, disputes naturally arise. In a fast-developing economic society in pursuit of high efficiency, arbitration has become prevalent due to its character of being fast and enforceable. Arbitration is a method of dispute resolution involving one or more neutral third parties who are agreed to by the disputing parties and whose decision is binding. Arbitration can be divided into ad hoc arbitration and institutional arbitration, however, only institutional arbitration is regulated in Chinese law. Legislative vacuum in light of ad hoc arbitration has hindered development of arbitration in China and undermined Chinese parties’ right in international disputes.Except from foreword and conclusion, the paper is divided into 5 parts and concludes 30,000 words.Chapter 1 studies the origin of ad hoc arbitration and analyzed its characteristics of a prevalent dispute resolution in a commercial world and its application in civil and commercial disputes.Chapter 2 has researched development of ad hoc in China including attitudes of legislation, judicial system, academic world and institution and explored the reason of absence of ad hoc arbitration in China.Due to absence of regulation of ad hoc arbitration, in Chapter 3, disadvantages of absence and practical predicament caused by it was analyzed in order to draw a conclusion of necessity of establishing of ad hoc arbitration.Through exploration of legislation and practice of ad hoc arbitration in Chapter 4 and Chapter 5, new ways to solve disputes using ad hoc arbitration creatively are suggested.