Research On The System Of Ad Hoc Arbitration And Its Significant Reference For Maritime Arbitration Of China

Arbitration, as one of the legal systems of resolving civil and commercial disputes, plays a more and more prominent and significant role. With the promulgation and implementation of the in 1995 and relevant judicial interpretations, China has gradually established a unified and standardized arbitration legal system. However, there is still a long distance on legislation, theory and practice of arbitration between our country and the developed country in the world. Especially the lack of ad hoc arbitration system has brought a series of bad influences to our country, particularly in fields of shipping and maritime arbitration practice. The global economic is becoming more and more competitive and the legislation of maritime arbitration law is getting international and unified. Against this background, the establishment of ad hoc arbitration system shows a great meaning to the development of maritime arbitration in our country.Through methods of comparison analysis, deduction and induction, digital statistics and combination of theory and case study, this paper firstly analyzes the definition, forms and origin and development of ad hoc arbitration. Secondly it makes a deep comparison of ad hoc arbitration and instituted arbitration, analyzing their superiority and inferiority to make a clear understanding of the two forms of arbitration for the reader. Then it contrasts the legislation and practice of ad hoc arbitration between the international community and our country and points out adverse effects of the fact that our country denies ad hoc arbitration legislatively. After that, it makes a research on the current situation of maritime arbitration between England and our country, concluding that the situation of maritime arbitration in our country is relatively under-developed. Finally by exploring the meaning and feasibility of introducing ad hoc arbitration to maritime arbitration, it boldly proposes that our country should learn from the arbitration mold of Hong Kong International Arbitration Center on the base of our country's conditions—constructing ad hoc arbitration in the China Maritime Arbitration Commission and China Maritime Arbitration Commission will act as a server to provide service to ad hoc arbitration and assume the duty of appointing arbitrator. Meanwhile the paper also gives some opinions on modifying relevant provisions of the arbitration law of our country.