The Research Of Ad Hoc Arbitration System

By the perspective of maritime arbitration,this thesis chooses ad hoc arbitration-one of dispute resolutions as its research object,through learning arbitration systems of other countries and inspirations from them for our country,to explore the necessity and feasibility of adding ad hoc arbitration system into China Maritime Arbitration,as well as the conception of establishment of ad hoc arbitration system under the international environment nowadays.Its main target are to appeal the maritime industry and academia pay enough attention to ad hoc arbitration,to make definite its legal status so that it can play its due role and protect the parties' rights and interests better in order to improve the legal system of China Maritime Arbitration.Today most countries,especially the large shipping countries,such as Britain,the United States widely recognize ad hoc arbitration system,and in the United Kingdom, London Maritime Arbitrators Association,the vast majority of whose cases mainly solved through ad hoc arbitration.Unfortunately,however,in the field of maritime arbitration in China,ad hoc arbitration is not to be recognized,which will produce a series of negative effects.This thesis includes 5 chapters.Chapter 1 of this thesis interim ad hoc arbitration system conducts a brief overview of the meaning of ad hoc arbitration and shows the characteristics of ad hoc arbitration and its theoretical foundation-on the basis of party autonomy,which determines the importance of the protection of parties' rights.By Comparative Study of ad hoc arbitration and institutional arbitration,we can conclude the advantages of ad hoc arbitration such as flexibility,autonomy,efficiency and economy.Chapter 2 elaborates the development status of ad hoc arbitration system in the field of maritime arbitration.Both of most international conventions and national legislation recognize ad hoc arbitration,which becomes the mainstream in the field of maritime arbitration,however,it is not recognized in China,and the case volume of China Maritime Arbitration Commission is very small.Through in-depth understanding of other countries and region's successful experience,we can conclude the irreplaceable status of ad hoc arbitration,and we should introduce ad hoc arbitration in China in order to cope with the particularity of maritime disputes and development of current international status.Chapter 3 makes the study of the necessity and feasibility of introduction of ad hoc arbitration in Maritime Arbitration in China.Recognizing ad hoc arbitration will bring many benefits,especially in the protection of the rights and interests of the parties and in the recognition and enforcement of arbitral awards when the side will not play an active role.Now,our country has economic,political and law environment to introduce ad hoe arbitration system.Chapter 4 makes the study of the obstacles of establishment of ad hoc arbitration system and its solutions.First of all,the problem is the Arbitration Law of China does not recognize ad hoc arbitration,so the author proposes to amend the Arbitration Law and make definite the status of ad hoc arbitration,and the author ventures a suggestion as to ad hoc arbitration relying on China Maritime Arbitration Commission,which can give ad hoc arbitration the provisional management and services in order to make it formalized and more tenable.Chapter 5 is about the conception of establishment of ad hoc arbitration system. The author puts forward the principle of ad hoc arbitration,ad hoc arbitration clause, and the arbitrator system and so on,only to hope for the booming of maritime arbitration and promoting the development of the shipping industry with a boost.