Study On The Ad Hoc Arbitration System

With the development of economy nowadays,disputes and conflicts trend to be multiple and internationalized.In pace with advocating the diversified establishment of dispute settlement mechanism,ad hoc arbitration which has been widely used beyond seas as a way to solve commercial affairs dispute also has been received domestic attention.Current “one of a kind” Arbitration Law of the People's Republic of China by institutional arbitration cannot effectively handle quantities of international civil and commercial disputes under the fast growth of massive foreign-related arbitration case.However,this ad hoc arbitration system,which lacks legal support in China,has in fact formed a foundation for domestic development after our long-term theoretical research and pilot practical experience exploration in Free Trade Zone(hereinafter will be mentioned as FTZ)in recent years.Though some of academic circles hold negative attitudes on leading ad hoc arbitration into internal system,most of them argue that ad hoc arbitration should be introduced as soon as possible because of its unique advantages such as autonomic,efficient,economic and convenient.Meanwhile,China is of realistic legal basis at present which can make its introduction more propitious.On December 30,2016,for adapting to internal current situation and the policy "Belt and Road",in the face of increasingly civil and commercial conflict in Free Trade Zone,the Supreme People's Court(SPC)supported a variety of ways to effectively deal with conflict while make effort on connect litigation and non-litigation,which so as to make the way of solving conflict more reasonable.Meanwhile,China introduced the About Provide Legal Guarantee for the Free Trade Area Construction Opinions(hereinafter will be referred to as Opinions),which mark ad hoc arbitration make sense.Nowadays,ad hoc arbitration system has been pushing to FTZ for more than two years,this article will sum the practical experience during this period referring to investigation in Shanghai,Guangdong(Hengqin)and FTZ in Hainan.Besides,current FTZ showed many issues like less expert arbitration institution to arrange,less audit rules to provide even less standard article to support.There will be much problems needed to be perfect.The author will point out the methods to solve the current situation of ad hoc arbitration in Free Trade Zones and the trend of China's ad hoc arbitration system in the future and analyze the challenges faced by China's ad hoc arbitration in Free Trade Zones so as to promote ad hoc arbitration to show more vigorous vitality and play an important role on the stage of socialist market economy.