Study Of Ad Hoc Arbitration System

With more than 50 years of development, China's arbitration industry has experienced an arduous journey and now become an important mechanism for resolving civil and commercial disputes. As a country with a feudal tradition of several thousand years, the process of China's moving towards the rule of law has been an extremely slow one, the development of China's arbitration industry is no exception. Arbitration Law of People'Republic of China, promulgated in 1994, is an important institutional innovation of China's arbitration legal system and symbolizes a transition from administrative arbitration to modern commercial arbitration. However, since the present Arbitration Law can not perfectly meet the needs of social development, the modification of Arbitration Law has been on the agenda of legislative authority. During the process of revising the Arbitration Law, whether ad hoc arbitration should be introduced to China's Arbitration Law is a controversial issue worth discussing.This paper does a research on the features, foundations and status quo of ad hoc arbitration, and then analyzes the reasons behind the absence of ad hoc arbitration in China. By putting ad hoc arbitration against China's current political economic and cultural environments, this paper proves that China's arbitration system lacks the internal and external conditions to adopt ad hoc arbitration. Finally, the paper arrives at the conclusion that China's Arbitration Law should not adopt ad hoc arbitration at this stage.