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

Since the publication of the Supreme People’s Court’s Opinions on Judicial Protection for the Construction of Free Trade Zones(hereinafter referred to as the opinions on judicial protection),relevant seminars have been held in succession in order to solve practical operational problems,the relevant arbitration rules have been promulgated one after another.Ad Hoc Arbitration has become a new trend in the study of Arbitration Law.The establishment of China’s ad hoc arbitration system and the development trend of pilot free trade zone have gradually become the focus of the arbitration community.As the original form of arbitration system,ad hoc arbitration has been widely used in the world with its natural advantages and plays an important role in the settlement of disputes.Under the reality that institutional arbitration is the leading factor in China,there is no legislation to establish the legal system of ad hoc arbitration,and the significance of ad hoc arbitration has not been fully reflected,it is indeed a risky decision to introduce the ad hoc arbitration system in a comprehensive manner.However,the construction of the pilot Free Trade Zone(hereinafter referred to as the pilot free trade zone)has provided the conditions and favorable opportunity for the ad hoc arbitration system.At the same time,the flexible and efficient characteristics of ad hoc arbitration make it fit with the pilot free trade zone.This paper begins with the temporary arbitration system,combining with the exploration of the theory and practice of the free trade pilot zone temporary arbitration,aiming at its current situation and existing problems,and referring to the legislation and practical experience of the extraterritorial temporary arbitration.Based on the actual situation of China,this paper tries to seek a new breakthrough on the basis of the current arbitration system,and puts forward some useful suggestions and ideas for the establishment of the ad hoc arbitration system in the pilot free trade zone.To make it possible for ad hoc arbitration to finally take place on a national scale.This paper is divided into five parts besides the introduction and conclusion:The first part is the summary of the ad hoc arbitration system.This paper mainly introduces the basic concept of Ad Hoc Arbitration and its system development process as well as the main application of ad hoc arbitration.As the original form of arbitration,Ad Hoc Arbitration has gone through the stages of origin,establishment and development,which lacks stability and requires high demands on arbitrators,however,it occupies an important position in some specific fields by virtue of its natural advantages,such as autonomy,flexibility,confidentiality and economy,especially in simple disputes with small amount of subject matter.The second part is the rationality analysis of the construction of the temporary arbitration system in the pilot free trade zone.This paper mainly analyzes the historical reasons for the absence of ad hoc arbitration in China and the removal of the historical obstacles,which provides conditions for its existence.The construction of the pilot free trade zone provides an opportunity for it.By combining its characteristics with the situation of the disputes in the FTZ,it proves the rationality of choosing the ad hoc arbitration system in the FTZ,as well as the conditions and opportunity of constructing the ad hoc arbitration system.The third part is about the current situation of ad hoc arbitration in China’s pilot free trade zone.Mainly from the legislation does not provide for ad hoc arbitration,judicial protection of ad hoc arbitration,ad hoc arbitration rules and ad hoc arbitration in the pilot free trade zone in the practice of exploration of these four areas,to affirm the achievements of the pilot free trade zone in its exploration of arbitration rules and practices.Further explore its construction of the legal obstacles and practical difficulties,from which to find the existing problems and analysis.Accumulate experience for the practice of ad hoc arbitration,promote the construction of the system.The fourth part is the review of the extraterritorial ad hoc arbitration system.The main contents are the legislation of the United States,the United Kingdom and the Hong Kong Special Administrative Region of China in the whole process of the development of the interim arbitration system and the practical experience guided by it.The practices of internationally popular arbitration institutions in those countries were analysed and summarized on the basis of more mature ad hoc arbitration systems.It provides a good solution to the existing problems in our country.The fifth part is the countermeasures and suggestions to establish the temporary arbitration system in China’s pilot free trade zone.First of all,temporary arbitration should be given legal status,so that it can link up with the legal and judicial interpretation,and then establish the corresponding supporting system.Secondly,the specific meaning of "three specificities" should be made clear so as to make arbitration rules more Operability and adopt the mode of linking up with institutional arbitration.At the same time,judicial supervision shall be exercised over the arbitrators and the arbitral awards.Finally,it should also play the role of mediation,and the combination of ad hoc arbitration,can reflect more flexibility.