Study On Ad Hoc Arbitration System And The Estalishment Of China

As we all know,institutional arbitration means that both parties submit disputes to an agreed arbitration agency to settle disputes according to the agency's arbitration rules and an effective arbitration agreement.Ad hoc arbitration means that according to the temporary arbitration agreement signed by both parties,the arbitration tribunal shall be composed of arbitrators agreed in advance to hear the case after the dispute occurs,and the arbitration tribunal shall be dissolved at the end of the hearing.Because of its flexibility and efficiency,ad hoc arbitration is widely welcomed in the international community.Most countries and regions have established the legal status of ad hoc arbitration by means of legislation.The existing Arbitration Law of our country only provides for institutional arbitration,but China recognizes and enforces foreign ad hoc arbitration awards in the International Treaty of New York.This situation not only influences the development of China's arbitration and international trade,but also hinders the improvement of diversified dispute resolution mechanism.With the rapid development of China economy and the integration of the world economy,commercial disputes are bound to increase sharply,so it is urgent to set up ad hoc arbitration system in China.This paper is divided into five parts:The first part is a essential theory of the ad hoc arbitration system.First of all,it analyzes clearly what ad hoc arbitration is and then probes deeply into its legal basis and value goal.It shows that the flexibility and efficiency of ad hoc arbitration are supported by theory.The second part is the current situation and analysis of the development of China's ad hoc arbitration system.Starting from domestic legislation and participating international treaties,combined with the latest domestic regulations on ad hoc arbitration and relevant practical cases,this paper points out that there are contradictions between the current legislation and the future trend of ad hoc arbitration in China,further illustrating that the establishment of ad hoc arbitration system in China is the general trend.The third part specifically analyzes why China has not yet established ad hoc arbitration system from three aspects of history,economy and culture.The fourth part is that establishment of ad hoc arbitration in China is necessary and feasible.The necessity is studied from the adverse influence caused by the absence of ad hoc arbitration in our country.The feasibility is explained from two aspects: the maturity and completeness of various realistic conditions in our country and the rich practical experience of ad hoc arbitration at home and abroad.The fifth part is the construction suggestion of ad hoc arbitration system in China.Firstly,to stipulate the ad hoc arbitration system in the form of legislation and then from the ad hoc arbitration agreement,the arbitrators,the arbitration rules and the enforcement of the arbitration award to establish specific system of ad hoc arbitration in China.