On Ad Hoc Arbitration Rules In China Pilot Free Trade Zone

Both ad hoc arbitration and institutional arbitration are two forms of arbitration system,each with its advantages and disadvantages and the other with complementary advantages.The Arbitration Law of our country only determines the legal status of institutional arbitration and excludes ad hoc arbitration.It does not confirm the legitimacy of the procedure for ad hoc arbitration in China and has many inequalities among the subjects both inside and outside the country.The Supreme People’s Court’s promulgation of the Opinions on Providing Judicial Safeguards for the Construction of a Free Trade Zone is a limited release of ad hoc arbitration in the context of a free trade zone and provides the basis for legitimacy for the introduction of interim arbitration.However,it is not clear and may still result in the risk of the award being canceled or not enforced in subsequent judicial supervision proceedings.Based on the specific background of the free trade pilot area,the paper summarizes and discusses the perfection of the interim arbitration from the theoretical basis,legislation status quo,historical reasons,practical difficulties and system innovation of the provisional arbitration in our country,System provides academic reference.This article according to the "present situation-problem analysis-system improvement" ideas to write,the structure is as follows:In the first part,we first define the theoretical concept of ad hoc arbitration by sorting out different scholars’ different theories on ad hoc arbitration.Second,we explore the autonomy,flexibility,economy and efficiency of ad hoc arbitration through the comparison between ad hoc arbitration and institutional arbitration.The second part,under the background of the above theoretical analysis,analyzes the status quo of ad hoc arbitration in our country.From the standpoint of the legislative status quo of only institutional arbitration in our country and the historical basis of institutional arbitration,the autonomy of the market participants has been respected step by step.The administrative arbitration system in the past has been unable to adapt to the new economic foundation and analyzed the current situation of provisional arbitration in our country Necessity and feasibility.In the third part,by analyzing the new regulations promulgated by the Supreme People’s Court one by one,we can grasp the particularity of ad hoc arbitration’s development in China and make use of the above analysis to excavate the possible institutional obstacles in ad hoc arbitration system.Combined with the preliminary practice of ad hoc arbitration in our country and the significance of the limited opening up of ad hoc arbitration in the background of the free trial zone,the transition to the improvement of the ad hoc arbitration system is made.The fourth part,corresponding to the possible legal issues of ad hoc arbitration,provides corresponding solutions from the perspective of ad hoc arbitration arbitrators,arbitration rules,arbitration ground,jurisdiction and designated agencies,and creatively explores and perfects ad hoc arbitration.