Extraterritorial Experience Of Ad Hoc Arbitration And Its Implications

As an important dispute resolution mechanism,arbitration solves a large number of international commercial disputes and domestic social economy,civil and commercial disputes out of litigation.Compared to litigation,arbitration's importance become more and more recognized by the national authorities and the public because of its natural advantage.Arbitration can be divided into institutional arbitration and ad hoc arbitration,both of them play a leading position in the arbitration system due to their own advantages.Among them,as the initial form of arbitration system,ad hoc arbitration has been widely used around the world.Moreover,it's play an indispensable role in the settlement of economic and trade disputes and disputes between countries,especially in the field of international maritime disputes.However,ad hoc arbitration system has not been clearly recognized in our legislation.In practice,only institutional arbitration exists as a single form of arbitration.There is no doubt that the absence of ad hoc arbitration make both parties lack of an important dispute resolution mechanism,which is not conducive to the improvement of our arbitration system,nor to the development of China's economic and trade.The British arbitration system has been existed for a long time,and as one of the centers of international commercial arbitration,its achievements in the ad hoc arbitration system has a profound impact for the Anglo-American law system.Hong Kong,as a former British colony,has been deeply influenced by the Chinese traditional legal culture,and its achievements in the ad hoc arbitration system are also very compelling.A series of mature international arbitration rules also provide reference for the development of arbitration.Based on the analysis of the UNCITRAL rules and ad hoc arbitration system in British and Hong Kong,by using a horizontal comparative research method,this paper summarizes their successful experiences in the field of ad hoc arbitration,analyzes the feasibility of implementing the ad hoc arbitration system in China at the same time,and lastly put forward some key system designs in China's Construction of ad hoc arbitration system.Since the reform and opening up,China's economy and society have undergone enormous changes,the market main body has a greater demand of diversified dispute resolution mechanism.This paper analyzes the successful experiences of Britain and Hong Kong in ad hoc arbitration,looking forward it will do some benefit to the future establishment of our ad hoc arbitration system.