Study Of Ad Hoc Arbitration Legal Regime In Pilot Free Trade Zone In China

Ad hoc arbitration is a universally accepted way of international dispute settlement,especially in cases where transnational and border trade is involved.Compared to institutional arbitration,Ad hoc arbitration has many advantages,such as its flexibility,the autonomy of the advantages of the highlight.Many international countries,such as Portugal,Spain,and Italy,directly take Ad hoc arbitration as the main form of arbitration dispute resolution.The United States,Japan and other countries have not made a clear institutional distinction between Ad hoc arbitration and institutional arbitration.France,the United Kingdom,and other countries have set up special arbitration management agencies and judicial connection system according to the characteristics of Ad hoc arbitration.There is no clear law on the Ad hoc arbitration system in China,But Ad hoc arbitration practice has been launched in China’s free trade zone,Since the release of the Opinions of the Supreme People’s Court on Providing Judicial Guarantee for the Construction of Pilot Free Trade zones in 2016,The free trade zone,as a pilot and pilot project,its innovation and practice of the internal system have reference significance for the comprehensive development of the system.In the context of the continuous revision of the arbitration Law,This paper focuses on the practical summary and institutional support of Ad hoc arbitration in the free trade zone.To explore the significance of the existence of the Ad hoc arbitration system in the free trade zone,and reflect on the current situation of the Ad hoc arbitration system in the free trade zone.Based on this,To provide ideas for the construction of the Ad hoc arbitration system in the free trade zone.The first part of the paper is divided into research background and significance,as well as the temporary arbitration system of free trade zone at home and abroad.The second part is divided into a theoretical overview of the Ad hoc arbitration system,it mainly points out what is Ad hoc arbitration,what are its advantages compared with institutional arbitration,and why its legal basis and value objectives.The third part starts from practice,analysis after liberalizing the Ad hoc arbitration system in China,The current development situation of the Ad hoc arbitration system in the free trade zone,Including the legislation of it,the innovative arbitration rules and the supporting facilities of the Ad hoc arbitration components.The fourth part,by comparative screening,select the typical model of Ad hoc arbitration system in France and Chinese Hong Kong for analysis,Summarize and draw on the key points in the construction process of the Ad hoc arbitration system.The fifth part is based on the necessity and feasibility of establishing the provisional arbitration in China,by learning from important institutions function management system design in Chinese Hong Kong and France,and combined with the relevant provisions of the draft,to put forward the future outlook,to discuss the construction in the future in temporary arbitration system,the key system design and how to break the limitations of free trade area development.