Feasibility Analysis Of Ad Hoc Arbitration In The Financial Arbitration System Of China

At the dawn of the 21st century,international arbitration has matured into one of the leading dispute resolution mechanisms world-wide,and the dominant ad hoc arbitration with its flexibility,efficiency and economy plays an indispensable role in the field of international trade as well as institutional arbitration,which both promote the muti-resolution of international commercial disputes.In recent years,the status of ad hoc arbitration in the modern international arbitration system has become increasingly important with the political and economic development of the countries world-wide and the deepening of economic integration.At the same time,China's legislation on ad hoc arbitration has been vacant for more than 20 years and was finally opened by the Supreme People' s Court in 2016.However,the aforesaid initial introduction of ad hoc arbitration is quite limited,basing on the principle of first trial,and there is still a long way to go for its comprehensive liberalization.While considering the acceptability of China's market-oriented reforms as well as the sharp increasing commercial disputes at the nationwide people's courts,ad hoc arbitration is not only rational because of its advantage,but also in a quite urgent need.Therefore,the routing problem of ad hoc arbitration has become one of the most valuable questions to be explored in the current domestic arbitration field.The thesis summarizes the nature and characteristics of ad hoc arbitration system and its current status of limited liberalization in China,which focuses on the possibility of matching ad hoc arbitration with the domestic financial arbitration system,attempting to come up with several constructive suggestions towards the construction of domestic ad hoc arbitration system.With the development of socialist market economy and the deepening of reform and open policy,it is imperative for ad hoc arbitration to be fully liberalized in China.The thesis selects financial markets,looking forward to stimulate several inspirations for China's judicial practice of ad hoc arbitration.