The Construction Of China’s Ad Hoc Arbitration System From The Perspective Of “The Belt And Road ”

"Ad hoc arbitration" was the main form of arbitration in history,which provided an important path for the settlement of commercial disputes.Article 1,paragraph 2,of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards cl early stipulates that the term "arbitral award" refers first to the award made by an arbit rator appointed by the project.Thus,adhoc arbitration is an internationally recognize d form of arbitration.Therefore,the establishment of a ad hoc arbitration system in line with China’s national conditions as soon as possible is a major event to promote t he reform and improvement of China’s arbitration system and the integration of arbitr ation with the international community.It is obvious that ad hoc arbitration has the advantages of flexible procedure,low cost and more independent award.However,in the practice of arbitration,the development of adhoc arbitration also faces three diffic ulties.First,adhoc arbitration does not have a fixed administrative organization,arbitr ation rules,arbitration procedures and even arbitrators similar to institutional arbitratio n.To give full play to the advantages of adhoc arbitration,there must be sufficient "ag reement of the parties";Secondly,institutional arbitration has a long history and compl ete rules in our country,which makes institutional arbitration the first choice for most people.Third,China does not have strict legal provisions on interim arbitration.In o ur country,the legality of adhoc arbitration has not been fully recognized.Obviously,the construction of adhoc arbitration is difficult.Diversified society needs diversified dispute resolution methods.The legal system of arbitration is an important link to the rule of law at home and abroad.Against the background of an increasingly prosperou s world economy,China is working with other countries to push forward the construct ion of "the belt and road initiative" in depth.Major achievements in international econ omic cooperation such as Silk Road Fund,Economic Corridor and AIIB are emerging.This period is an important opportunity for China to participate in global governance.In response to the Party’s important measure of "improving the arbitration system an d enhancing the credibility of arbitration" and practicing "the belt and road initiative",it advocates the establishment of a multi-element commercial dispute resolution mech anism.China should contribute its strength to provide China’s plan and design flexibl e adhoc arbitration operation rules and modes with Chinese characteristics.This meas ure will not only help resolve the internationalization of the arbitration system facing China,but also provide Chinese wisdom for the common development of the internati onal community,especially the countries along the "the belt and road initiative".In thi s paper,the author mainly through the analysis and research of the adhoc arbitration s ystem,combined with the application status quo and operation mechanism of internati onal and domestic adhoc arbitration,aiming at promoting commercial disputes in "the belt and road initiative",puts forward two construction modes of the adhoc arbitratio n system under "the belt and road initiative".This article is divided into five parts:The first part is an overview of adhoc arbitration.Through the definition and nat ure of temporary arbitration,it is intended to construct a complete content framework of temporary arbitration system for readers.Systematically lay a theoretical foundatio n for the presentation of the temporary arbitration system.The second part is the special effect of adhoc arbitration on the trade dispute settl ement mechanism from the perspective of "the belt and road initiative".The author m ainly discusses the special function of adhoc arbitration from three aspects: comparing with institutional arbitration,clarifying the advantages of adhoc arbitration in proced ural flexibility,efficiency and handling international commercial disputes;Compare d with litigation,it is clear that the international dispute resolution method combining litigation and non-litigation is more suitable for the need of international dispute resol ution.Finally,it summarizes the advantages of adhoc arbitration in international tradi tion and practice.The third part is the current situation of the construction of adhoc arbitration fro m the perspective of "the belt and road initiative".To clarify the operation status of a dhoc arbitration in the countries along the "the belt and road initiative",the author sel ected three countries to analyze their arbitration systems(including adhoc arbitration and institutional arbitration).This paper expounds the feasibility of adhoc arbitration in countries along the "the belt and road initiative".The fourth part is to analyze the d ilemma of adhoc secondary construction from the perspective of "the belt and road ini tiative" and put forward corresponding improvement ideas.The author mainly analyz es it from three aspects: one is the limitation of adhoc arbitration itself;The second is the domestic dilemma of adhoc arbitration.The third is the international dilemma o f adhoc arbitration.The third part is the current situation of the construction of ahoc ar bitration from the perspective of "the belt and road initiative".To clarify the operation status of adhoc arbitration in the countries along the "the belt and road initiative",th e author selected three countries to analyze their arbitration systems(including adhoc arbitration and institutional arbitration).This paper expounds the feasibility of adhoc arbitration in countries along the "the belt and road initiative".The fourth part is to analyze the dilemma of adhoc secondary construction from t he perspective of "the belt and road initiative" and put forward corresponding improve ment ideas.The author mainly analyzes it from three aspects: one is the limitation of adhoc arbitration itself;The second is the domestic dilemma of adhoc arbitration.T he third is the international dilemma of ad hoc arbitration.The fifth part is the tentative idea of constructing adhoc arbitration from the pers pective of "the belt and road initiative".Facing various dispute resolution methods in the world,such as ICSID and WTO,how can the new dispute resolution mechanism s tand out? It must be combined with the actual situation of China and other countries.The disadvantages of the original dispute settlement mechanism are constantly emergi ng.With the in-depth development of "the belt and road initiative",commercial disput es show diversified characteristics.Based on the original "Model Law" rules and refer ring to the existing dispute settlement mechanism,the author proposes to establish an arbitration center that provides "one-stop service" specifically for "the belt and road in itiative" and provide the basic model of the center construction.