The Discussion Of Ad Hoc Arbitration For International Commercial Arbitration In China

A large number of international civil and commercial disputes have taken place these years due to the deepening of economic globalization as well as the more and more activate international civil and commercial activities.At present,according to the legislation and practice from various countries,the legal approach to solve international civil and commercial disputes mainly includes International Civil Litigation and International Commercial Arbitration.Arbitration has a long history of being an important solution to international civil and commercial disputes.Early back to the 14 th century,in order to arbitrate the settlement of disputes,some countries in the Mediterranean have formulated "Maritime Code".Coming to the 20 th century,it is increasingly welcome by the international community to use arbitration solving international civil and commercial disputes.International commercial arbitration has been one of the main approaches solving international civil and commercial disputes.With even more frequent international contacts,a series of international treaties on international commercial arbitration came into being.As the two modes of international commercial arbitration,ad hoc arbitration and the institutional arbitration system have always played a pivotal role in international commercial disputes because of their respective advantages.Looking at the legislation and practice of the major countries in the world,these two modes of arbitration have been the foundations and supported the arbitration system.The ad hoc arbitration has always been favored byinternational commercial disputes parties for its efficiency and confidentiality.The ad hoc arbitration has been favored by international commercial disputes parties for its efficiency and confidentiality and has also been recognized and enforced in the New York Convention.Although China's Arbitration Law has never recognized the status of ad hoc arbitration,since the end of year 2016,with the promulgation of Opinions of the Supreme People's Court on Providing Judicial Guarantee for the Building of Pilot Free Trade Zones,both the legislative and practical aspects still present some new trends in interim arbitration system.Based on the legislation background above,this article will focus on the discussion about China's introduction of ad hoc arbitration for international commercial arbitration.Although the theoretical circles in China study this topic time to time,they have not set off any waves in practice.Therefore,this article hopes to combine the present new practice,carries on the further renewal to the research achievement of this topic.This article uses the historical research method,the empirical research method and the comparative research method to study the perfection of the introduction of the ad hoc arbitration for international commercial arbitration.This article starts with the concept and origin of interim arbitration system and its comparison of institute arbitration in international commercial arbitration.Then it analyzes the present situation and summarizes the prerequisites of ad hoc arbitration in China.And it reviews the feasibility and necessity of introducing the interim arbitration into China.In the end,this article points out that although it is necessary and important,it still needs a time for China to fully introduce the ad hoc arbitration.Also after comparing with the existing international commercial interim arbitration system and the relevant international regulation,the article proposes a model and suggestions for the future introducing as well as development of China's ad hoc arbitration.