Enlightenment Of UNCITRAL Arbitration Legislation On Constructing Ad Hoc Arbitration In China

Ad hoc arbitration is a temporary arbitration tribunal composed of arbitrators selected by the parties after disputes occur according to the agreement of the parties.It hears disputes according to the law and dissolves the arbitration tribunal immediately after the trial end.As an important system in arbitration system,ad hoc arbitration has been chosen and guaranteed by many countries and regions from the earliest stage of arbitration development.Furthermore,to this day,it is still the dominant form of international commercial arbitration.Unlike the prevailing situation of international ad hoc arbitration,the mainland of China has not acknowledged its legitimacy so far.Due to the lack of ad hoc arbitration,China's arbitration system has not been internationally recognized,so the development of International Arbitration Center in China has been difficult.The "Asian Infrastructure Investment Bank" and "the Belt and Road Initiative" project established by our country's leadership are developing vigorously.International disputes,arising because of these international projects involve massive international investments and business dealings.It is particularly important to fill the gap between China and international arbitration.China has also made continuous efforts.The "three specific"arbitration mode implemented in the FTA in 2017 represents that China is gradually accepting and developing ad hoc arbitration.We have reason to believe that ad hoc arbitration will take root in the mainland of China in the near future.In order to achieve this goal,it is imperative to reform our arbitration system.UNCITRAL Model Law on International Commercial Arbitration and UNCITRAL Arbitration Rules are the main arbitration standards and ad hoc arbitration rules in the world.They coordinate the arbitration legislation of various countries and represent the general direction of the development of international arbitration.Therefore,researching of UNCITRAL has great inspiration and guidance for the construction and development of ad hoc arbitration in China,especially normative approach to the main procedure of ad hoc arbitration and its underlying legal principles,such as restrictions on arbitration agreements and the regulation of the appointment of arbitrators.The first part of this paper elaborates the institutional advantages of ad hoc arbitration and the current situation in China.As the earliest form of arbitration,ad hoc arbitration has its unique advantages and development mode.Of course,there are also shortcomings that can not be ignored,such as instability,uncertainty and so on.To some extent,these defects of ad hoc arbitration have led to the rapid growth of institutional arbitration in a certain period of time.With the continuous development of international commerce and arbitration,ad hoc arbitration is also developing and perfecting itself,allowing limited management of arbitration institutions to make up for its shortcomings.In view of the current situation of ad hoc arbitration in China,this section mainly discusses the legislative status,academic disputes and the limited opening of FTA,including both historical origins and the continuous progress of ad hoc arbitration in China.The second part explores the two arbitration legislation formulated by the United Nations Commission on International Trade Law:"UNCITRAL Model Law on International Commercial Arbitration" and "UNCITRAL Arbitration Rules".Including the requirements for arbitration agreements,arbitrable matters,the composition of arbitral tribunals and the powers of arbitral tribunals.According to the fact that ad hoc arbitration is the most fundamental form of arbitration and the extensive application of ad hoc arbitration in international commercial arbitration,the two arbitration legislations enacted by the UNCITRAL represent the new form of the development of ad hoc arbitration procedure,and play an irreplaceable role in coordinating and developing the world ad hoc arbitration rules.The third part mainly explores the ad hoc arbitration norms in the British Arbitration Law(1996 Arbitration act)and the tenth part of the German Civil Procedure Law(i.e.the basic legislation of German arbitration),and draws lessons from the relevant provisions of the United Nations Trade Law Commission on ad hoc arbitration.As representative countries of the two legal systems,Britain and Germany are also early countries in the development of arbitration.There are many independent provisions in their basic legislation,such as arbitrable matters,court supervision and so on.But in the same way,they all greatly embody the state's guarantee and support for ad hoc arbitration.The fourth part of this paper concentrates on the reform of arbitration system needed to construct ad hoc arbitration in China,which is also the innovation of this paper.This paper covers three main aspects of the proposal for the construction of ad hoc arbitration.Firstly,the change of basic arbitration legislation,which is the cornerstone of the construction of ad hoc arbitration.Secondly,the establishment of a court-based system,that is,the court's supervision and management of ad hoc arbitration.At the beginning of the establishment of ad hoc arbitration in China,it is not conducive to the development of ad hoc arbitration to relax the court's supervision of ad hoc arbitration blindly.To adjust the relationship between court and ad hoc arbitration is the most important thing in the construction of ad hoc arbitration in our country.Finally,to coordinate the relationship between arbitration institutions and ad hoc arbitration is the necessary part of adapting to the new form of ad hoc arbitration in our country.