Study On The Construction Of Ad Hoc Arbitration System In China Pilot Free Trade Zone

The theory and practice of international commercial arbitration prove that a complete arbitration system should be an organic whole including provisional arbitration and institutional arbitration.However,China's arbitration law,which has been implemented since 1995,excludes the possibility of temporary arbitration in China,which not only makes China's obligations and rights in the recognition and enforcement of foreign-related temporary arbitration awards unequal,but also is not conducive to the improvement and development of China's arbitration system.As one belt,one road strategy and the construction of the pilot area of trade have been continuously pushed forward,our country has become more and more closely related to the international community.The arbitration law only adjusts institutional arbitration without adjusting the situation of ad hoc arbitration,which is no longer suitable for the objective reality nowadays.The opinions on judicial guarantee of the free trade zone takes an exploratory and open attitude towards the temporary arbitration,which stipulates that the temporary arbitration is allowed to be applied in the free trade zone when three specific conditions are met.However,under the current arbitration legal system in China,the application of temporary arbitration in the free trade zone has obstacles that conflict with the current laws.Moreover,the provisions of the opinions on judicial protection of the free trade zone on interim arbitration are too general and vague,and there are still legal gaps in the specific application of interim arbitration.Therefore,the purpose of this paper is to provide suggestions for improving the system construction of temporary arbitration,so as to ensure the smooth progress of temporary arbitration in the free trade zone.This paper is divided into four parts.In the first part,by comparing the characteristics of temporary arbitration and institutional arbitration,we can highlight the advantages of temporary arbitration in solving international commercial disputes,and then help us have a comprehensive understanding of the specific meaning of temporary arbitration.The second part introduces the current situation of the temporary arbitration in our country,mainly including the position that the legislation denies the contradiction between the temporary arbitration and the recognition of the temporary arbitration in the international conventions and bilateral agreements,the limited recognition of the temporary arbitration in the opinions on judicial protection of the free trade zone and the introduction of the representative temporary arbitration rules.Then,it expounds the necessity of constructing the temporary arbitration system from the perspectives of perfecting the arbitration system,constructing the diversified dispute resolution mechanism and safeguarding the interests of the parties.The third part analyzes the problems existing in the construction of the temporary arbitration system in the free trade zone,which hinders the implementation of the temporary arbitration in the free trade zone,especially the conflict between the limited recognition of the temporary arbitration in the free trade zone and the arbitration legislation in China,that is,the legitimacy of the temporary arbitration in the free trade zone.As well as the unclear standards for determining the effectiveness of the interim arbitration agreement and the lack of judicial protection and supervision of the interim arbitration,etc.The fourth part is to propose solutions to the legal problems existing in the construction of the temporary arbitration system in the free trade zone,focusing on the legislative design,strengthening judicial protection and supervision,strengthening the assistance and support of arbitration institutions and other social organizations to the temporary arbitration.