| In the context of unavoidable increase of business disputes with China’s rapid economic development,the needs for arbitration to settle disputes of parties are growing explosively,calling for the continuous improvement of the existing arbitration system.Arbitration has been a powerful weapon to resolve disputes since the promulgation of Arbitration Law in1994,but,despite amendments and perfection,the provisions in relation to ad hoc arbitration have long been absent.Actually in practice,although parties reach a consensus to adopt the ad hoc arbitration system and sign an ad hoc arbitration agreement,their ad hoc arbitration agreement cannot be recognized and enforced,and even is deemed invalid.Besides introduction and conclusion,the rest of the paper consists of three sections.The first section clarifies the fundamental concepts of ad hoc arbitration,raises a definition of the connotation of ad hoc arbitration based on mainstream perspectives regardless of the remaining controversies,and through comparison with institution arbitration analyzes the kexceptional advantages of ad hoc arbitration system in terms of high respect for parties’ wills,efficiency,flexibility,privacy and economical efficiency.The second section analyzes the current status of ad hoc arbitration that no provisions of ad hoc arbitration are legislatively set,but relevant explorations exist in practice.Particularly,the supreme court in free trade zones in China,in the form of judicial interpretation,has allowed the limited liberalization of ad hoc arbitration,which not only provides a chance for the promotion of the ad hoc arbitration system,but enriches the practical experience.In addition,the operating mechanism of the ad hoc arbitration system in Hong Kong has been improved and widely used in practice.Drawing on the comprehensive analysis of its experience,the paper explores whether the overall operation of ad hoc arbitration in China holds the replicability.The third section expresses the in-depth deliberation of the construction of ad hoc arbitration system in China and offers feasible suggestions according to diverse dimensions such as the amendment and perfection of relevant laws,the implementation of supporting system for the selection and supervision of arbitrators and the formulation of model rules for ad hoc arbitration. |
