Research On The Perfection Of China’s FTZ Arbitration Rules

With the rapid growth and development of China’s free trade zone(FTZ),and the special laws and economic environment of the FTZ,FTZ arbitration rules were born.The emergence of the FTZ arbitration rules,intend to be in line with advanced international arbitration rules,but there are still many problems.First of all,due to the regulations on the examination and appointment of arbitrators in our country,the arbitrators selected out of the list of arbitrators will spend a lot of time in the procedure of examination and appointment,which leads to the decrease of arbitration efficiency.Secondly,although the arbitration rules of the free trade zone give the arbitral tribunal the right to issue interim measures,there is a conflict with the decision-making power of the court.The arbitral tribunal has too little right to take interim measures and cannot play the role of interim measures in the protection of parties to disputes;Thirdly,although the free trade zone arbitration rules have detailed merger arbitration,but there are still rough rules,unclear applicable standards,arbitrator designation is not suitable,etc.Finally,the FTZ arbitration rules fail to clarify the status of mediators and arbitrators in terms of combining mediation and arbitration,which may cause identity confusion and lead to party concerns.Based on the above issues,this paper proposes to improve the system of arbitrators,make clear the responsibilities and obligations of arbitrators,simplify the review and appointment procedures of arbitrators out of the roster.To make further provisions on the power to issue interim measures of the arbitral tribunal,to clarify the power boundary between the court and the arbitral tribunal in respect of interim measures,and to make provisions on the exceptions to the enforcement of the order of interim measures of the arbitral tribunal.Incorporate merger hearing rules,clarify the applicable standards for merger arbitration,and update the regulations governing the composition of arbitral tribunals in multi-party cases.Clarify the status of arbitrators and mediators in the system of mediation and arbitration,establish the principle of separation of identities,and the principle of unification of identities as an exception.Through the above measures,we hope to improve the arbitration mechanism of intellectual property disputes in the free trade zone and enhance the arbitration willingness of the parties involved in intellectual property disputes.