On The Construction Of Ad Hoc Arbitration

With the development of international commercial relations, the dispute of international commercial affairs also increases gradually and in this case, it needs a relevant resolution, so the modern arbitration system, also known as international commerce arbitration has been developed. The international commerce arbitration refers to a kind of dispute settlement mechanism which the main part of the international commercial affairs are willing to send the dispute that happened in the commercial activities to the relevant arbitral institution or Independent arbitrator instead of the court for judgment and decision. Because of its high degree of autonomy and non-governmental, the commercial arbitration system now is very popular in the international community and it becomes a more and more general resolution of the commercial dispute. The organization form of the commercial arbitration system can be divided into two categories: institutional arbitration and temporary arbitration. The two systems complete with each other and jointly promote the development of arbitration system.The temporary arbitration system means the arbitration system that when the dispute happens, it would according to the temporary arbitration agreement signed between the parties instead of depending on the procedural management or control of the arbitration institution, to make a arbitration court which the arbitrators are chosen by the parties and let the arbitrators to take charge of the trial and it will be automatically dismissed when the adjudication is being made. The temporary arbitration system is the original form of the arbitration system and is familiar with by countries of all over the world with the development of the commodity economy. It does not disappear even after the rise of the institutional arbitration system. Instead, it is widely praised and absorbed into their own arbitration law by countries of all over the world because of its autonomous features, that is: flexible, effective and fully respect the ideas of the parties. Such as "Convention of Recognition and Enforcement of Foreign Commercial Arbitration Ruling"(hereinafter refers to as the "New York Convention"), "Uncitral Model Law" and etc. Obviously, The temporary arbitration system plays an irreplaceable function on the commercial arbitration system.However, we can say it’s regretful that such an important arbitration form has not confirmed by the legislation institution of our country. Our country divides the arbitration into domestic arbitration, arbitration concerning foreign affairs and Foreign arbitration. In our country’s “arbitration law”, the temporary system is not admitted by the domestic arbitration. However, as our country is also the high contracting party of the “New York Convention”, so our country must admit and execute the responsibility of the temporary arbitration ruling. Therefore, our country admit and execute the Foreign arbitration part, as to the arbitration concerning foreign affairs, our country admits the Judgment decision of the parties made in the foreign countries according to the reciprocity principle, but not admit the temporary arbitration ruling that made in our domestic land. As we can see the temporary arbitration system in China has been discriminated and thus caused a state of non-equivalence. This kind of non-equivalence has not only injured the benefits of our commercial main bodies and made them to lose confidence on Chinese arbitration system, but also not good for the development of Chinese arbitration system. Throughout the development of China’s economy in recent years, and all are around with these three areas, that is: the reform, opening up and international cooperation.Since the global financial crisis, the international economy has been on a moderate recovery trend, but this did not stop the process of developing a new international economic and trade rules.China has already deeply got into the world economy, in order to safeguard the interests of our country’s development, it is necessary to actively participate in and promote the development of multilateral trade rules, reform of the international economic system and improvement of governance. This requires China to unswervingly deepen the reform, accelerates to form the new system of opening up to better integrate into the new situation of economic globalization and international economic and trade system change. However, in this new situation, the "Arbitration Law" that China has implemented for more than twenty years has been unable to meet our diversified market economy development, it is a must to make some changes. Joining the temporary arbitration system, with international practice, to accelerate the development of the cause of arbitration, and make our sanctions regime more mature to provide the protection of legal system for forming the new opening up system.