The Construction Of Ad Hoc Arbitration System In China

As we all know, modern commercial arbitration is produced during the development of the commodity economy, and gradually perfect with the development of its prosperity. With the development of economic globalization, more and more commercial disputes appears throughout the world, a significant proportion of international commercial disputes are resolved by way of arbitration, and even more numerous are solved by ad hoc arbitration.At the time of initially entered arbitration dispute resolution mechanism, there is only this one kind of ad hoc arbitration international arbitration mode, That is agreed by the parties in a neutral position by a third party to deal with the dispute, ad hoc arbitration history of the development of this period can be said that the history of the development of the arbitration system. With the development of commodity economy, the drawbacks and shortcomings of ad hoc arbitration manifested, In order to better adapt to the rapid development of the commodity economy for standardized, specialized system of arbitration demand, but also to make up for the shortcomings and deficiencies of the ad hoc arbitration, arbitration institutions came into being, and quickly swept in the world today, Until today, the development of institutional arbitration has been maturing. But even in institutional arbitration development increasingly mature today, the ad hoc arbitration still relies on its economy, efficiency, flexibility and other unique advantages and favored by the parties, and show a good development prospect. At present, many countries and regions in the world to establish ad hoc arbitration system, and make it together with the institutional arbitration exists in arbitration system.Unfortunately, due to the perception of bias and the lack of consideration, ad hoc arbitration has been in a state of absence in our country. This will not only affect the development of market economy, not conducive to creating a favorable investment environment, but also affect the establishment of a diversified dispute solution mechanism in our country. It is necessary to introduce the ad hoc arbitration system in our country's commercial areas.Besides preface and epilogue, this article is divided into three parts:The first part is about the basic issues discussed the ad hoc arbitration system. First discusses the history of ad hoc arbitration system, and then clarify the basic concept of temporary arbitration system, then it discusses the value orientation of temporary arbitration system, while the ad hoc arbitration system advantages and limitations of the analysis.The second part discusses the necessity and feasibility of ad hoc arbitration in the arbitration system. The necessity of performance in favor of the development of the superiority of the arbitration system, to protect the legitimate rights and interests of the parties to create a good investment environment, promote the improvement of Diversity of Dispute Settlement Mechanism, etc; and feasibility reflected in extraterritorial interim arbitration mature countries and regions we provide a useful reference, with the actual conditions of the introduction of the ad hoc arbitration system, China's practice of ad hoc arbitration is also in great demand.The third part puts forward the feasibility of the scheme to build ad hoc arbitration system in China. Firstly, to deal with a valid arbitration agreement redefine; secondly, the need to improve the arbitrator selection system, clear the qualifications of arbitrators, a clear liability regime arbitrator; again, the need to optimize the ad hoc Arbitration Rules of the interim arbitration; and finally, the need for temporary arbitration judicial oversight and supervision within the industry.