The Establishment Of Ad Hoc Arbitration Regulations In Shanghai Pilot Free Trade Zone

In 2016,the Supreme People's Court of PRC issued the judicial safeguard opinion,which indirectly recognized the limited trial implementation of Ad Hoc Arbitration in Chinese Free Trade Zone,and established the legitimacy premise for the construction of the Ad Hoc Arbitration Rules in the free trade zone.Looking back at the limited development history of arbitration system in China,China has not recognized the legitimacy of Ad Hoc Arbitration from the legislative level.However,with the improvement of economic openness and the increasing frequency of commercial transactions of market subjects,Ad Hoc Arbitration has gradually become the focus of discussion from all walks of life.There are three mainstream views on whether Ad Hoc Arbitration should be introduced.After the introduction of the opinions on judicial protection in 2016,it means that the introduction of Ad Hoc Arbitration system has become the general trend,and it is obviously lagging to discuss whether Ad Hoc Arbitration should be introduced.Although new rules have been issued,there are still no effective Ad Hoc Arbitration rules for the parties to apply in many free trade zones in China.In addition,the ambiguity of the opinions of the Supreme Court has led to the practical difficulties in the implementation of Ad Hoc Arbitration in China.How to first try in the free trade zone and construct the applicable arbitration rules is the topic that should be warmly discussed at present.Therefore,this thesis mainly discusses the construction of Ad Hoc Arbitration rules inShanghai Free Trade Zone from the perspective of Shanghai Free Trade Zone.This thesis is divided into four parts.The first part highlights the great significance of the new regulations of the Supreme People's Court of PRC for the improvement of Chinese arbitration system,and then analyzes the three specific issues caused by the new regulations from the theoretical level,namely,"specific place","specific rules" and "specific personnel".Because the new regulations do not address the three specific issues Therefore,this thesis attempts to make a theoretical analysis of the three specific issues in order to provide a reference for the construction of the Ad Hoc Arbitration rules of Shanghai Free Trade Zone.The second part of this thesis discusses the necessity and feasibility of constructing Ad Hoc Arbitration Rules in Shanghai Free Trade Zone.Firstly,it introduces the concept of Ad Hoc Arbitration and its characteristics compared with Institutional Arbitration.Secondly,it discusses the necessity and feasibility of constructing Ad Hoc Arbitration Rules in Shanghai Free Trade Zone from the perspectives of theory and Practice.The third part of this thesis introduces the development background of Ad Hoc Arbitration in China,and provides foreign experience for the establishment of Ad Hoc Arbitration rules in Shanghai Free Trade Zone by summarizing the Ad Hoc Arbitration systems of two representative international arbitration centers,namely,Britain and Hong Kong.The fourth part of this thesis discusses the construction of the Ad Hoc Arbitration rules of Shanghai Free Trade Zone from the aspects of improving the supervision mechanism of the Ad Hoc Arbitration,strengthening the cooperation with the institutional arbitration,and improving the selection and responsibility system of arbitrators.