Study On Legislation Of Ad Hoc Arbitration System And Its Comparison

Ad hoc arbitration is the initial form of arbitration,Even in the increasingly popular of institutional arbitration,ad hoc arbitration is favored by the parties.In terms of resolving international civil and commercial disputes,institutional arbitration and ad hoc arbitration have their own advantages and disadvantages.China is one of the members of the New York Convention,but China's "Arbitration Law" excludes the ad hoc arbitration system.The long-term absence of ad hoc arbitration in China has multiple reasons of history,economy and culture.With the changes in the political and economic situation in China and abroad and the gradual emphasis on the arbitration system in China,at the end of 2016,the Supreme People's Court issued the "Opinions of the Supreme People's Court on Providing Judicial Protection for the Construction of a Pilot Free Trade Zone",of which Article 9 the "three specific"reflects the characteristics of the ad hoc arbitration.In addition,the China Internet Arbitration Alliance also drafts the "Docking Rules between Ad Hoc Arbitration and Institutional Arbitration".It is not diff-icult to see the trend of limited release of ad hoc arbitration in China.Ad hoc arbitration is highly accepted internationally and is reflected in international legislation,such as the New York Convention,the European Convention on International Commercial Arbitration,the Inter-American Convention on International Commercial Arbitrationand the UNCITRAL Model Law on International Commercial Arbitration.Besides,the legal status of ad hoc arbitration has been established in arbitration legislation in many countries,especially in western developed countries,such as the United Kingdom,the Netherlands,Sweden,etc.and a number of international arbitration institutions have also clearly stated that they provide designated arbitrators and administrative servicesfor ad hoc arbitration,looking at the world,ad hoc arbitration played an irreplaceable role in resolving international civil and commercial disputes.It is of great significance to establish an ad hoc arbitration system in China.This is not only the need to fulfill the obligations of international conventions and play the role of conventions,but also the need to respect private rights and dispute resolution,it's the need to develop and improve arbitration system,and to participate in international competition and develop a market economy.At the same time,we must also face with a series of problems arising from the ad hoc arbitration system in the process of landing and promotion in China,such as the determination of the validity of the arbitration agreement,the priority of the tribunal's self-determination jurisdiction,and the qualifications of the arbitrator,etcThrough multi-faceted comprehensive analysis and comparison of the legislative status of the ad hoc arbitration system in each country,combined with the background of the limited opening of China's ad hoc arbitration,to explores the feasibility and specific path of the establishment of the ad hoc arbitration system in China,thus guiding China's arbitration system to be in line with international standards and promoting the revision of the Arbitration Law of China,to establish an ad hoc arbitration system in line with China's national conditions,it is the reform trend of China's arbitration system.