Research On The Problem Of Ad Hoc Arbitration In China

China's arbitration legislation still does not recognize the legitimate status of ad hoc arbitration,but China's participation in international competition needs to be integrated with the current trend of international economic development,making the establishment of a convenient and economic ad hoc arbitration system in China,which is the proper meaning of China's arbitration development.Since September 2013,The State Council approved the establishment of the first free trade pilot zone in Shanghai,China.The State Council has approved dozens of free trade pilot zones in different provinces.The establishment and construction of this series of free trade zones are "trial-and-error" in system innovation,inter-regional cooperation and scientific and technological progress.The construction and development of the free trade pilot zone has brought a good "opportunity" to the construction of ad hoc arbitration in China.However,there are still many unavoidable problems in establishing ad hoc arbitration in our country.From the perspective of the problems existing in the construction of ad hoc arbitration in our country,this paper,based on the current situation of the development of ad hoc arbitration in our country's free trade pilot zone,draws on the beneficial experience of other countries or regions on ad hoc arbitration,intends to put forward reasonable suggestions for the design of the ad hoc arbitration system in our free trade pilot zones,and provides ideas for the application of the ad hoc arbitration system in the whole country.The first chapter of the article outlines the concept and characteristics of ad hoc arbitration and compares it with other countries.The second chapter describes the current situation of ad hoc arbitration in China,including the current arbitration and related legislation in China and the practice of ad hoc arbitration in China's free trade pilot zone.The third chapter discusses the problems faced by ad hoc arbitration in China from the legislative,judicial and institutional perspectives.Chapter IV puts forward reasonable suggestions on the construction of ad hoc arbitration.Firstly,it clarifies the basic principles of ad hoc arbitration,secondly,it makes detailed procedural design of ad hoc arbitration in China,and then improves the supporting measures of ad hoc arbitration.