The Establishment Of The Ad Hoc Arbitration In The New Era Of China

Arbitration can be conducted under either ad hoc or institutional procedures in the theory and practice of international commercial arbitration.Ad hoc arbitration,with its high efficiency and flexible economy,has become a widely applicable dispute resolution in international trade and business.But the Arbitration Law rules that the arbitration commission is a requirement of an valid arbitration agreement.That declares the invalidation of ad hoc arbitration.As a consequence,affects the perfection of China's arbitration system was deadly,and basically blocked the our country business subject using the path of the ad hoc arbitration to solve disputes,had a very negative influence on the multivariate dispute settlement resolution.It is extremely detrimental to economic development.With the continuous improvement of social and economic development in China,a new trend has arisen in the judicial practice of ad hoc arbitration in China,with the new background of the Belt and Road initiative and the construction of the Free Trade Zones.This article is divided into four parts.The first part starts with the basic problems of ad hoc arbitration,recapitulate the concept and connotation of the ad hoc arbitration.including defining concepts,analyzing its advantages compared with institutional arbitration.The second part mainly analyzes the present situation of the arbitration system in our country.Firstly,from the view of legislation,the ad hoc arbitration is illegal in theory and in judicial practice,the development of ad hoc arbitration is not good.Buta new trend has arisen in the judicial practice of ad hoc arbitration in China with the new background of the Belt and Road strategy and the construction of the Free Trade Zones.The third part is mainly about why China needs to build the ad hoc arbitration system.The beginning of this part analysis that building an scientific and effective ad hoc arbitration system is a necessary requirement of promoting arbitration in China,protecting the rights of the parties of our country and boosting the economic development.The second part mainly discusses the condition China now has to build and operate the ad hoc arbitration.The fourth part discussed the construction concrete design of the ad hoc arbitration in the new background from the perspective of legislation,jurisdiction and supports from other social organizations.