Research On The Necessity Of Developing Ad Hoc Arbitration In China And Related Legal Issues

Arbitration is divided into ad hoc arbitration and institutional arbitration,but due to specific historical reasons,ad hoc arbitration,the original form of arbitration is not recognized by law in China.In practice,the absence of ad hoc arbitration also imposes negative impacts on facilitating international commercial parties,the development of arbitration law and arbitration practice in China.On January 9,2017,the Supreme People's Court issued" Opinions on Providing Judicial Guarantee for the Construction of the Pilot Free Trade Zone",Article 9 of which stipulates that parties registered in the Pilot Free Trade Zone in China may agree to settle their disputes by arbitration in "specific places in the Mainland,in accordance with specific arbitration rules and by specific personnel",thus opening a new chapter in the development of arbitration in China.This paper intends to summarize the theory and recent development of temporary arbitration,then discuss the necessity of constructing temporary arbitration in China,summarize the theory and practice of foreign ad hoc arbitration,so as to provide guidance for some legal issues that need attention when constructing ad hoc arbitration in China.