Study Of Ad Hoc Arbitration System

Arbitration system originates from Ad hoc Arbitration and has been the only form of arbitration system for a long time.Even though the institutional arbitration system has swept over the world and has been more fashionable, with the advantages of flexibility and efficiency,the Ad hoc Arbitration is becoming more and more popular.It is stipulated in article one clause two of Convention on the Recognition and Enforcement of Arbitral Awards(herein after refer to as New York Convention):"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 herein is just what we called Ad hoc Arbitration awards.Ad hoc Arbitration is accepted by almost every country in the world.Due to traditions in legal system and arbitration culture,an effective arbitration agreement is strictly conditioned in the P.R.C Arbitration Law,which was in force in 1994.Ad hoc Arbitration is not acknowledged in this law for a prerequisite that arbitration committee must be involved.Centering on Ad hoc Arbitration system and basing on the definition of Ad hoc Arbitration and its characteristics,the author introduces its development and analyzes the theoretical principle and value orientation.The author further focus on discussing two key contents of the Ad hoc Arbitration system,i.e.Ad hoc Arbitration agreement and Ad hoc Arbitration procedure. The author advances some tentative ideas on how to design Ad hoc Arbitration system in China.Excluding Introduction and Conclusion,this thesis is divided into the following four parts,which is of nineteen Chinese characters.Part one,Introduction.The definition,characteristics,status and development as well as the theoretical principle and value orientation of Ad hoc Arbitration are explained and analyzed in this part.Part two,this part is mainly about the analysis of elements for a valid arbitration agreement and requirement stipulations of a valid Ad hoc Arbitration agreement.Part three,Ad hoc Arbitration procedures.This part aims primarily at the composition of the arbitration tribunal,place of arbitration,statement of claim and statement of defence,hearing,expert and expert opinion as well as the award of Ad hoc Arbitration.Part four,the author proposes his ideas on the setup of the Ad hoc Arbitration system in China,including but not limited to the choose of arbitrators and Ad hoc Arbitration rules,the composition of arbitration tribunal and the acknowledgement and execution of the Ad hoc Arbitration awards.