Study Of Ad Hoc Arbitration System

The article 2 of Convention on the Recognition and Enforcement of Arbitral Awards (New York Convention) stipulates: "The term 'arbitral awards'shall include not only awards made by arbitrators appointed for each case but also those made by permanent arbitral bodies to which the parties have submitted". Actually, the "awards made by arbitrators appointed for each case"mentioned before is just what we called Ad Hoc awards. Almost all the countries in the world recognize Ad Hoc arbitration. Due to legal history and arbitration culture, Chinese Arbitration Law stipulates a very strict requirement for a effective arbitration agreement, which was in force in 1994. This law requires arbitration commission shall be chose in the arbitration agreement, which excludes Ad Hoc arbitration in mainland China, actually. Arbitration system originates from Ad Hoc arbitration and has been the only form of arbitration system for a long time, which shows the Ad Hoc arbitration is supposed to be a kind implicit form of arbitration. Ad Hoc arbitration is a very important kind of balance element for arbitration, and constitutes the efficient disputes settlement resolution system which is different from litigation. Multivariate society needs multivariate disputes settlement resolution, the absence of Ad Hoc arbitration hinders the development of arbitration of China. The difference between an Ad Hoc arbitration and an institutional arbitration is like the difference between a tailor made suit and one which is bought off the peg. Ad Hoc arbitration requires parties performs autonomy rights in good faith; arbitrator possess sufficient experience in arbitrating; courts support and supervise arbitration procedure timely. Introducing Ad Hoc arbitration both in international commercial arbitration and internal commercial arbitration is not appropriate. However, it is appropriate to introduce Ad Hoc arbitration in international commercial arbitration so that the parties may have more options, which not only helps to attract foreign investment, but also is the requirement of meeting international practice. Introducing Ad Hoc arbitration as well as improving Chinese arbitration system may consolidate the achievements through hardworking for several generations. It is necessary for us introduce Ad Hoc arbitration so that perform the treaty obligation of New York Convention.　 This thesis is composed of preface, four chapters, and epilogue. Chapter one analyzes the Ad Hoc arbitration's special advantages through discussing the society basis of existence of arbitration, source of arbitration, character and value orientation of arbitration. Ad Hoc arbitration is the necessary element of the integrated arbitration system, which bring into the full function of arbitration. Chapter two analyzes the advantages and disadvantages of Ad Hoc arbitration, through comparing Ad Hoc with institutional arbitration. This chapter also discusses the arising questions and the solutions during drawing the Ad Hoc arbitration agreement and the process of arbitration procedure. Chapter three analyzes the status in quo and historic reason of absence of Ad Hoc arbitration of Chinese arbitration legislation as well as the negative influence of the absence of Ad Hoc arbitration. Chapter four discusses the necessity of introduction of Ad Hoc arbitration in Chinese international commercial arbitration as well as the different opinions of arbitration scholars on this. This chapter also analyzes the questions of establishment of Ad Hoc arbitration system in Chinese international commercial arbitration.