Analysis Of Application Of Ad Hoc Arbitration In Consumer Arbitration System Of China

This paper describes and evaluates the consumer arbitration and ad hocarbitration based on the research methods of comparison and the analysis of typicalcases proposes to analyze the characters of consumer arbitration and the feasibility ofapplying ad hoc arbitration.This article is divided into three sections: introduction, body and conclusion. Thebody has four chapters.Chapter I systematically analyzes the current consumer arbitration system. Thischapter firstly gives the definition and its characters which is different from othercommercial arbitration. Furthermore, this chapter analyzes the defects of the currentconsumer arbitration system with regard to the practice and legislation.Chapter II introduces the model and mature consumer arbitration system and itspractical situation in western countries. This chapter discusses the prescribedformality of arbitration agreement, the organization of arbitration institution, theselect of arbitrators and the organization of arbitration procedure, etc. so as to provideother countries’ experience to the application ad hoc arbitration in consumerarbitration system in China.Chapter III discusses the feasibility of application of ad hoc arbitration. Firstly,this chapter indicates the lack of legislation in China which impedes the developmentof arbitration system in China according to the current situation. Secondly, thischapter concludes that consumer arbitration would be the perfect field and platform toapply ad hoc arbitration after analyzing the advantages of ad hoc arbitration.Chapter IV reasons the proposal of establishing ad hoc consumer arbitration.This chapter indicates that appointment regime of arbitrators, the incorporation andsupervision of arbitration institution, consumer association and courts, online ad hoc consumer arbitration based on the disadvantages and the feasibility of applying ad hocarbitration mentioned above.