The Construction Of Ad Hoc Arbitration System In The International Commercial Arbitration Of China

There is no ad hoc arbitration system in China's legislation,but the international treaties that China have signed recognize ad hoc arbitration,which results in the unequal status of the Chinese parties and the foreign parties,it is not conducive to the development of China's economy.Ad hoc arbitration is widely recognized and applied in other countries.With the development of world economic integration,it is imperative for China to set up the ad hoc arbitration system.This paper compares the system of ad hoc arbitration with that of institutional arbitration through the research of previous scholars and the analysis of the newly adopted rules and regulations.At the end of the article,the author advice on China's recognition of ad hoc arbitration in the free trade area,and then make recommendations for legislation and practice.The text consists of three parts.The first part is the summary of the ad hoc arbitration system.First,introduces the concept and historical evolution of ad hoc arbitration,and then discusses the advantages and disadvantages of ad hoc arbitration and institutional arbitration.Finally,the advantages of ad hoc arbitration are revealed by comparing two of them.The second part is the development status of the ad hoc arbitration system in international commercial arbitration in China.First of all,from two angles of legislation and practice,it is discussed separately that legislation includes the relevant laws and regulations in China and the provisions in international treaties.Then analyzed the attitude of the court to the ad hoc arbitration through the cases,analyze the effect of the absence of ad hoc arbitration on China,mainly from the disadvantageous to Chinese parties,the increase of the false institutional arbitrations,the unequal rights and obligations under the New York convention,and the hindrance to the construction of Chinese investment environment.The third part is the construction of ad hoc arbitration system in China.This paper first discusses the necessity of constructing the ad hoc system in China,then analyzes the feasibility of constructing the ad hoc arbitration system in China.Then,the author gave suggestions on setting up the construction of ad hoc arbitration system.The proposal includes:defining the three iteams of the FTA,publicizing and promoting the ad hoc arbitration system,amending the arbitration law,establishing the supervision of arbitration industry.Through the discussion and analysis of the above three parts,the author concluded that China should set up the ad hoc arbitration system in international commercial arbitration.At the end of the paper,the author put forward some suggestions for constructing the ad hoc arbitration system in order to improve our arbitration system in China.