A Comparative Analysis Of Arbitral Tribunal System In Ad Hoc Arbitration

The earliest form of the arbitration is ad hoc arbitration,from which the institutional arbitration system is derived.As a new thing in our country,the ad hoc arbitration system has developed and matured in the world.The composition of the arbitral tribunal is one of the most basic and complex procedures in arbitral proceedings.This paper makes a comparative study of the Hengqin Ad Hoc Arbitration Rules,Ad Hoc Arbitration Docking Rules and other national arbitration laws and international arbitration institutions in arbitral tribunal aspect,including the relevant provisions of the arbitration laws and regulations in Vietnam,Burma,Poland,Russia and other countries aside "One Belt,One Road".There are the composition system of the arbitral tribunal,the selection of arbitrators and the avoidance and substitution of arbitrators to consist of the arbitral tribunal system in ad hoc arbitration.The law authorizes the arbitration institution and the court to break the dilemma of the arbitration tribunal under the application of the parties.Avoiding the appearance of even number arbitrators in arbitral tribunals has become a basic consensus in ad hoc arbitration at various countries,and non-equilibrium rules prevents procedures delaying and stays the effectiveness of ad hoc arbitration.Regarding the scope of the arbitrators’ selection,the Hengqin Arbitration Rules has broken through the existing compulsory enrollment system in China in a certain procedure,so that the parties can choose the scope of the temporary arbitration arbitrators in broadly way.The conditions for the selection of arbitrators are quite obvious in various countries.There are two extremes that are quiet strict and quiet loose.However,the overall trend has developed in the loose direction,from the word "should" to the word "without",and may consider about given to gradually releasing on problem that judges can be a arbitrator.The arbitrators may be challenged if they do not have the qualifications agreed to by the parties or if circumstances exists that give rise to justifiable doubts as to his or her impartiality or independence,the procedure of challenging is free to agree by the parties is a common rule.When the arbitrator has to be substitute,the alternative arbitrator is generally selected in accordance with the procedure for designating the arbitrator,but the withdrawal of the arbitrator does not necessarily lead to the new arbitrator’s accession,and may have the existence of a“neutral arbitrator tribunal”.After the reorganization of the arbitral tribunal,the handling of the previous procedures needs to consider the issue of the time and cost of the temporary arbitration under the opinions of the parties concerned.The arbitration tribunal system in China’s ad hoc arbitration can be developed in the direction of more autonomy,making the arbitration institution a service provider of ad hoc arbitration,so as to render ad hoc arbitration to developing better in China,creating a friendly environment for arbitration,and promoting "One Belt One Road" Initiative to depth development.