The Construction Of Ad Hoc Arbitration System In China’s International Commercial Arbitration

The arbitration system is an important part connecting the rule of law in China and foreign countries,and it is also a significant way to show the soft power of the rule of law in China.However,Article 16 of the Arbitration Act in China stated that the "selected arbitration commission" shall be listed as the necessary conditions for the entry into force of the arbitration agreement,and this provision constitutes the legal obstruction to the implementation of the ad hoc arbitration system in the mainland,and directly leads to the absence of the system.There is a serious shortage in judicial resources and the introduction of the ad hoc arbitration system is conducive to strengthening the mechanism of external dispute settlements,also satisfy the requirements of judicial reform that building a new diversified dispute settlement mechanism.Although mediation has also absorbed some cases in the process,the effect is not ideal because of the lack of enforcement by civil mediation or other non-judicial mediation.Therefore,the introduction of this system can help to enrich the dispute resolution.The shackles of ad hoc arbitration in China are being unlocked,and the social credit system,citizen literacy and the rule of law are gradually being formed as the basis of the system.There are many difficulties,though,but considering the ad hoc arbitration’ important status in international commercial disputes especially in maritime disputes settlement mechanism and the trend of the international economy has become increasingly fusion,therefore the introduction of ad hoc arbitration is particularly necessary.Three sections are included,which are preface,four chapters and ending.The first section mainly gives an introduction on theoretical problems of the ad hoc arbitration system,including its basic concepts,characteristics and origins.The comparison of the advantages of ad hoc arbitration and institutional arbitration reflects the irreplaceability of ad hoc arbitration.The second section focuses on the development of the ad hoc arbitration system and the problems existing in the ad hoc arbitration system in our Pilot Free Trade Zone and other countries or region.First of all,from the trend of historical development,the development tracks of ad hoc arbitration in Britain,America and Hong Kong region are explored.Then the history of the ad hoc arbitration system in China is extended.Finally,the thesis dissect the existing problems of ad hoc arbitration rules in Hengqin Free Trade Zone and tries to disclose the development direction of the ad hoc arbitration institution in China.The third section focus on the various restrictive factors that may exist in the carrying out of ad hoc arbitration system in China,mainly from the present legislator has the limitation of legislative thinking and ignores the importance to the legislative power of citizens and the degree of citizen acceptance.Then it discusses the necessity of establishing ad hoc arbitration system from three aspects: establishing a variety dispute resolution mechanism,making up for the deficiency of institutional arbitration and respecting the autonomy of citizens.The next section mainly elaborates the concrete ways of establishing the ad hoc arbitration system in China.First of all,the author summarizes three factors to build the system: legislative,social and de-administration aspects.And then from the aspects that what standards should be hold to affirm the effectiveness of ad hoc arbitration agreement,the appointing and responsibility of arbitrators,property preservation in arbitration as well as how to make sure the stability of an arbitration award,the specific design of the ad hoc arbitration system in China will be carried out in the future.