On The Construction Of The Temporary Arbitration System In China's Free Trade Zone

The establishment of Pilot Free Trade Zones and the Supreme Court's recent announcement regarding open ad hoc arbitration orginating in Pilot Free Trade Zones have made the ad hoc arbitration system been widely discussed in academic circles.At present,in the worldwide the most advanced places like English and Hongkong have incorporated the ad hoc arbitration into their arbitration law.Meanwhile,ad hoc arbitration has also been embraced by many international treaties and agreements such as the Convention on the recognition and performance of foreign commercial arbitral awards and the United Nations Model Law on international commercial arbitration.The publishment of the 2017 Supreme Court's Advice on Providing Judicial Supports for Establishing Free Trade Zones and the Provisional Arbitration Rules of the Hengqin Pilot Free Trade Zone made it possible to introduce ad hoc arbitration into China.To better play a leading and exploratory role in reform,the advice allowes the enterprises in the Pilot Free Trade Zones to conclude the arbitration agreement between each other and settle the dispute in the way of ad hoc arbitration.The ad hoc arbitration system within the scope of China's Pilot Free Trade Zones has been established.Through the analysis of the present situation of the absence of ad hoc arbitration,the advantages and significance of ad hoc arbitration system in Arbitration Law of our country,this article explores the necessity of the idea of establishing a Pilot Free Trade Zones' ad hoc arbitration system,ways of introduction of ad hoc arbitration in Pilot Free Trade Zones and amend the Arbitration Law on the basis of the experience of accumulating the temporary arbitration system,and set up ad hoc arbitration system with Chinese characteristic.