Study On Some Legal Issues Of Ad Hoc Arbitration In China

With the development of economic globalization,international civil and commercial disputes are increasing year by year,and many of the disputes are solved by arbitration,and the role of the interim arbitration system is more effective.The system of ad hoc arbitration has a long history and plays a decisive role in the development of civil and commercial trade.However,China has become a big trade country,but due to the constraints of historical development,the influence of administrative control and subjective prejudices,our interim arbitration system is still lagging behind,and can not match the current trade situation in China.Such a state is not conducive to safeguarding the legitimate rights and interests of the parties,establishing a favorable investment environment and developing transnational trade.Therefore,it is necessary to study the concept of the interim arbitration system,the historical evolution,the value orientation and the reasons for the absence of the temporary arbitration system,and put forward the rationalization measures to change the present situation.Through the analysis of the concept of the interim arbitration system,the historical evolution,the value orientation and the advantages and disadvantages of the temporary arbitration,and through the study of the legislative status of the interim arbitration system in China and the reasons and disadvantages of the temporary arbitration system in our country,it is concluded that the basic conditions for the construction of the temporary arbitration system in China should include the basic conditions for the construction of the temporary arbitration system in China.The validity of the provisional arbitration agreement,the qualification and responsibility of the provisional arbitrator and the establishment of the provisional arbitration tribunal.The determination of the validity of the interim arbitration agreement.In interim arbitration,the parties have greater autonomy and can choose the procedural matters such as the place of arbitration and the way of arbitration.It is due to the high autonomy of the provisional arbitration system that the parties may not be able to invalidate the arbitration agreement because of the lack of necessary legal knowledge.The arbitration agreement is aprerequisite for the efficient development of interim arbitration,so strengthening the determination of the validity of the interim arbitration agreement is not only conducive to the efficiency of interim arbitration,but also to the protection of the legitimate rights and interests of the parties.The qualifications and responsibilities of arbitrators for arbitral arbitrators.Compared with institutional arbitration,temporary arbitration pays more attention to flexibility.If arbitrator qualification is more relaxed,it can give full play to the advantages of convenient and efficient interim arbitration.After the dissolution of the interim arbitration tribunal,the arbitrator's liability system can ensure that the arbitrator is responsible for the arbitral award.The establishment of a temporary arbitration tribunal.Due to the lack of permanent management of permanent arbitration institutions,the difficulty of tribunal is particularly prominent in ad hoc arbitration.If the two parties fail to agree on the appointment of arbitrators,it may lead directly to the difficulty of arbitration proceedings and fail to give full play to the advantages of ad hoc arbitration.The author believes that the establishment of a temporary arbitration tribunal should be aided by the help of a court or permanent arbitration institution or third party.Specifically,in addition to the introduction and conclusion,the thesis is divided into four parts.The first part is an overview of the provisional arbitration system.First,the concept and value orientation of ad hoc arbitration system are expounded.Secondly,it discusses the historical evolution of the ad hoc arbitration system in order to better understand the system.Thirdly,in order to understand the advantages and disadvantages of the ad hoc arbitration system,we compare the provisional arbitration system with the institutional arbitration system.The second part,the development status of the provisional arbitration system in our country.First,it discusses the positive and negative two sides of the academic circles about whether China should establish a temporary arbitration system.Secondly,the legislative situation and implementation status of the legislative circle are discussed.The third part discusses the reasons and disadvantages of the interim arbitration system in China's legislative documents.The fourth part discusses the main problems that should be solved in the construction of temporary arbitration system in China.From the question of the validity of the arbitrationagreement,the qualification of the arbitrator,the difficulty of the temporary arbitration tribunal,the basic problems that should be solved in the establishment of the provisional arbitration system are expounded in three angles.The fifth part discusses the practice of extraterritorial arbitration system and Its Enlightenment to China.There are three aspects of perfecting the provisional arbitration validity of our country,perfecting the qualifications and responsibilities of the temporary arbitrators in our country,and breaking the difficulties of the temporary arbitration tribunal to point out the system design.