The Desigh Of Ad Hoc Arbitration In China

With the development of economic globalization,arbitration is more and more applied to the commercial field.Due to its flexibility and other advantages,temporary arbitration is favored by controversial subjects.At present,the provisional arbitration system has been established all over the world.However,in our country,ad hoc arbitration has been lacking in the arbitration market in China.This is not only not conducive to the establishment of a diversified dispute resolution mechanism,but also to create a favorable investment environment in China.In this article,the author based on the ad hoc arbitration system in our country development present situation,and from the aspects of theory and practice to establish ad hoc arbitration in our country the necessity and feasibility analysis,trying to multi-angle all-round provide advice on the feasible system.The article is divided into four parts:The first part analyzes the concept of ad hoc arbitration from different angles and summarizes its essence.On the basis of clarifying the concept,the article analyzes the value pursuit of the provisional arbitration system.Secondly,the historical origin and development of the provisional arbitration system are introduced.Finally,on the basis of understanding its concept and historical process,its advantages and limitations are analyzed,which provides a theoretical background for the construction of provisional arbitration system in the following paragraphs.The second part analyzes the embryonic status of the ad hoc arbitration system in China from the aspects of theory and practice.From the academic view of the provisional arbitration system,the status quo of domestic legislation and the investigation of the status quo of the judicial practice,the provisional arbitration system is comprehensively controlled.The third part analyzes the necessity and feasibility of constructing ad hoc arbitrationsystem.Embodied in many aspects,the necessity of ad hoc arbitration mainly displays the full play the superiority of arbitration system can make out and commercial disputes,the parties can make people get fully safeguard private rights,but also to improve the multiplex dispute resolution mechanism in China.The feasibility is mainly reflected in three aspects.Firstly,the legal background of our country can support the construction of its ad hoc arbitration in China.Secondly,the establishment of China's arbitration association provides a practical environment for the construction of ad hoc arbitration system in China.Finally,the mature arbitration system in other countries and regions provides experience for the construction of ad hoc arbitration in China.The fourth part mainly from to establish a set of belong to the ad hoc arbitration demonstration rules in our country as the goal,from the definition of effective element to the arbitration agreement and the arbitrator selection system and responsibility system,put forward concrete Suggestions on building.