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

The arbitration system can be divided into two types: institutional arbitration and ad hoc arbitration.At the same time of the vigorous development of institutional arbitration,ad hoc arbitration is also a more popular dispute resolution method in international commercial activities.Moreover,internationally,the ad hoc arbitration system is the initial form of the arbitration system,Institutional arbitration is based on ad hoc arbitration.However,the provision of "designated arbitration commission" in the Arbitration Law has made the development of ad hoc arbitration difficult in China.With the deepening of China's openness and the advancement of the“Belt and Road” initiative,the dispute settlement method urgently needs reform.With the advantages of high efficiency,flexibility,convenience and confidentiality,ad hoc arbitration has been recognized in the field of international business,especially in the field of maritime affairs.The advantages of the ad hoc arbitration system are very similar to the settlement of commercial disputes in the Pilot Free Trade Pilot Zone.It may be considered to introduce a temporary arbitration system in the Pilot Free Trade Pilot Zone with a high degree of internationalization,high level of legalization and a good business environment.In the pilot Free Trade Zone,a small-scale trial of the provisional arbitration system will be carried out,and then it will be promoted nationwide after the success of the trial.The establishment of a temporary arbitration system in the Pilot Free Trade Zone is not without precedent.On December 30,2016,in order to protect the trial work of the Pilot Free Trade Zone,the Supreme Court formulated and issued the "Opinions of the Supreme People's Court on providing judicial guarantees for the construction of free trade pilot zones",which stipulates that certain personnel use specific rules to arbitrate in specific locations,and the agreement is valid,which is considered to be a limited temporary arbitration.Subsequently,the Zhuhai Arbitration Commission formulated the “Hengqin Rules” based on the "Opinions of the Supreme People's Court on providing judicial guarantees for the construction of free trade pilot zones" and tried out a temporary arbitration system in the Guangdong Hengqin Free Trade Pilot Zone.This is China's first normative legal document on the ad hoc arbitration system,which clearly stipulates all aspects of ad hoc arbitration,and the procedure design is very reasonable.The publication of the Internet "Docking Rules" also shows that the practice welcomes ad hoc arbitration.The release of the three documents shows that the attitude towards the temporary arbitration system has been eased.The practice of the temporary arbitration system in the Hengqin Pilot Free Trade Zone has also provided feasible experience for the introduction of temporary arbitration in other pilot free trade zones.The area is eligible.The introduction of a temporary arbitration system in the Pilot Free Trade Zone is not done overnight,but it must be well-thought-out and the system is designed so that it can not only take advantage of the temporary arbitration system,but also base itself on the situation of the Pilot Free Trade Zone in China.The Pilot Trade Zone plays its biggest role.Respect for the parties 'autonomy throughout the design of the temporary arbitration system in the Pilot Free Trade Zone.The relief from the effectiveness of the provisional arbitration agreement,the choice of the provisional arbitration rules,the selection of arbitrators and the composition of the arbitral tribunal to the revocation of the provisional arbitration award all highlight The important significance of the parties' right of independent choice is also consistent with the nature and characteristics of ad hoc arbitration.Considering that China did not recognize the ad hoc arbitration system before,and the ad hoc arbitration system has a weak legal foundation in China,so the ad hoc arbitration in the Pilot Free Trade Zone requires the supervision of the judiciary and the assistance of the arbitration institution.