Research On The Construction Of Ad Hoc Arbitration System In Pilot Free Trade Zone

Since the Fourth Plenary Session of the 18th CPC Central Committee,China has begun to promote a diversified dispute resolution mechanism and carry out comprehensive deployment and deepening reforms.As one of the three major dispute resolution methods,arbitration has developed rapidly in China compared to mediation and litigation.Under the current situation,on the one hand,the court’s litigation pressure is constantly increasing.On the other hand,with the economic development and people’s economic activities,the arbitration has become more and more widely used.In this context,it is imperative to improve China’s arbitration system.Arbitration is mainly divided into institutional arbitration and ad hoc arbitration.Institutional arbitration stems from ad hoc arbitration,both of which are indispensable forms in a sound arbitration system.These two forms of arbitration are applicable at the same time in most countries and regions.However,China’s "Arbitration Law" excludes the legality of ad hoc arbitration,but recognizes foreign ad hoc arbitral awards in relevant foreign treaties,resulting in unequal conditions and damages the legitimate rights and interests of commercial entities in China.Although on January 9,2017,the Supreme Law promulgated the "Supreme Law on Providing Judicial Safeguards for the Construction of Free Trade Pilot Zones",which stipulates that ad hoc arbitration may be limited in the Pilot Free Trade Zone under three specific conditions.However,the establishment of the ad hoc arbitration system in the Pilot Free Trade Zone still has difficulties,especially in the identification of the "three specific" issues in the effectiveness determination,and the supervision and guarantee of the ad hoc arbitration in the Pilot Free Trade Zone.Although the development of China’s provisional arbitration system is not long,and the design of the arbitration system is relatively simple,there is a big gap compared with the arbitration system of other countries.However,the ad hocl arbitration in the Pilot Free Trade Zone can be improved from the following aspects.First,the basic requirements of the ad hoc arbitration agreement must be clarified.Second,improve the qualifications of ad hoc arbitrators.Third,establish the self-determination jurisdiction of the arbitral tribunal.Finally,strengthen the connection between the provisional arbitration rules of the Pilot Free Trade Zone and China’s domestic legislation,and then open up the channels for the provisional arbitration service institutions,and learn from the experience of the ad hoc arbitration system at home and abroad to make up for the shortcomings of the ad hoc arbitration in China’s free trade trial zone.