The Construction Of Ad Hoc Arbitration System In China

According to different organization forms,the arbitration system can be divided into an ad hoc arbitration system and an institutional arbitration system.Ad hoc arbitration is the initial form of the arbitration system,and institutional arbitration has founded basis of its development.Nowadays,institutional arbitration is booming,and ad hoc arbitration is still preferred by the parties because of its advantages of flexibility and efficiency,and is recognized by most countries and international conventions.With the construction of the Diversified Dispute Resolution Mechanism of China's Belt and Road Strategy,the development of the provisional arbitration system has also received much attention in China.The promulgation of the "Opinions of the Supreme People's Court on Providing Judicial Protection for the Construction of Free Trade Pilot Areas" is considered to be the construction of China's provisional arbitration system into the experimental stage,which has caused a heated discussion on the construction of an ad hoc arbitration system.Ad hoc arbitration and institutional arbitration have their own advantages and disadvantages,and the two can complement each other.The non-governmental characteristics of ad hoc arbitration and the value orientation of priority of benefits determine its irreplaceable advantages in the handling of international trade disputes.With the prosperity and development of China's international trade and more participation in international competition,the demand for establishing an ad hoc arbitration system has become increasingly prominent.China is in the midst of economic transformation,and the diverse development of the economy requires a diversified solution machine that fits with it.There is a realistic demand for the establishment of a ad hoc arbitration system in China,and it also has a feasible basis: the moment is the legislative opportunity to promote the rule of law in China and build a diversified dispute resolution mechanism;China's market economy is prosperous and the socialist market economy system is gradually established;The social integrity system has also taken shape.Based on the development status and theoretical controversy of ad hoc arbitration in China,this paper discusses the significance and construction feasibility of the ad hoc arbitration system for China.According to the legislative status quo of the arbitration law,with reference to the legislation and practical experience of foreign ad hoc arbitration,From the establishment of ad hoc arbitration system,to protect the impartiality of the arbitrators and the judicial oversight and assistance to ad hoc arbitration activities of several aspects of the construction of ad hoc Arbitration System concrete proposals and ideas.