Research On The Application Of Ad Hoc Arbitration System In My Country's Pilot Free Trade Zone

Arbitration can be divided into ad hoc arbitration and institutional arbitration,in which ad hoc arbitration is the initial form of arbitration.In the process of continuous development,institutional arbitration has emerged.Both are indispensable forms in a perfect arbitration system.Most countries and regions apply both at the same time.At present,China only recognizes the status of institutional arbitration in legislation.Due to China’s accession to the Convention on the recognition and enforcement of foreign arbitral awards,provisional arbitral awards of other parties to the Treaty can be recognized and enforced in China in accordance with the Convention.At the end of 2016,in order to give full play to the pilot role of the free trade zone,the Supreme People’s Court issued relevant judicial opinions,stipulating that enterprises in the free trade zone can arbitrate relevant disputes in specific places in the mainland,according to specific arbitration rules and by specific personnel,which ushered in an opportunity for the legalization of ad hoc arbitration in the mainland of China.Although the Supreme Court has stipulated the application of ad hoc arbitration in the free trade zone by way of opinions,however,because the "three specific" requirements are not clear,and China has been dominated by institutional arbitration for decades,the practice of ad hoc arbitration is not compatible with the overall legal environment of China.Before and after the beginning of the interim arbitration procedure,the legal and judicial supporting measures are not perfect,which causes many problems in the application of the free trade zone,and seriously affects the development of the ad hoc arbitration procedure.In accordance with the idea of "basic theory-introduction of current situation-analysis of problems-reference to foreign countries-improvement of system",this paper aims at the problems existing in the application of ad hoc arbitration in the free trade zone,based on the general environment of our country and drawing on the excellent experience of foreign countries,and puts forward solutions from three aspects of legislation,judicial intervention and assistance of other organizations,so as to promote the development of ad hoc arbitration in the free trade zone exhibition and improvement,and be able to accumulate experience for its promotion in the country in the future.