On The Construction Of Ad Hoc Arbitration In China Pilot Free Trade Zone

Arbitration can be conducted under either self-administered(ad hoc)or institutional procedures.But there are distinct differences between the two approaches.In historical perspective,the ad hoc arbitration was the origin form of arbitration.Then the establishment of specialized organization to administrate and supervise the arbitration gave rise to the institutional arbitration.In addition,ad hoc arbitration can be more flexible,cheaper and faster than institutional arbitration.And ad hoc arbitration is widely recognized by the international conventions.However,China's Arbitration Law requires selected arbitration commission involvement in the arbitration agreement to make it into force,which indirectly denies the legal status of ad hoc arbitration.The lack of ad hoc arbitration will not only impact the improvement of China's arbitration system and multivariate dispute settlement resolution,but also hinder the economic development and international trade.The author believes that China needs to build ad hoc arbitration system.In the article,main theoretical issues of ad hoc arbitration will be discussed at first.Then the significance of ad hoc arbitration system will be explored under China's specific national conditions.At last,suggestions will be given to build China's own ad hoc arbitration system,which are based on domestic and international arbitration legislation practices.This article consists of the introduction,four main sections and the conclusion.In the first section,fundamental issues of ad hoc arbitration are addressed,including defining concepts,analyzing essential property and advantages,exploring value orientation,and discussing development trend.In the second section,mainly analyzes are the experience and lessons from the development of ad hoc arbitration in Britain,the United States and Hong Kong.First of all,from the point of view of legislation and practice,the basic provisions of the ad hoc arbitration system in the Britain,the United States,and Hong Kong are respectively elaborated.On this basis,the experience of the operation of overseas ad hoc arbitration institutions and their lessons for China are summarized.In the third section,the author focuses on the necessity of establishing an ad hoc arbitration system,the status of ad hoc arbitration in China,and the main issues facing it.First of all,it analyzes the necessity of establishing an ad hoc arbitration system in China.Then,from the perspective of legal provisions,representative rules,judicial practice,and recent cases,it explains the current status of ad hoc arbitration in China,and finally analyzes three main issues about the establishment of an ad hoc arbitration system in the China Pilot Free Trade Zone.In the forth section,the author focuses on the main issues and solutions to the establishment of an ad hoc arbitration system in the China Pilot Free Trade Zone.The establishment of an ad hoc arbitration system in the area also faces issues such as the need for further clarification of the "three specific" issues,the unclear qualifications for the selection of ad hoc arbitrators,and the lack of supervision and guarantees for ad hoc arbitration.The solution to the "three specific" problem is to clarify the basic requirements of the temporary arbitration agreement one by one;at the same time,it is proposed that the arbitrator's qualifications for election should be relaxed,the arbitral tribunal's principle of self-determination jurisdiction should be established,and cooperation with arbitration service agencies should be strengthened.This approach provides safeguards for the initiation of ad hoc arbitration,the arbitral procedure,and the recognition and enforcement of arbitral awards.