Thinking Of Constructing China's Ad Hoc Arbitration System

The central idea of ad hoc arbitration is the principle of party autonomy,coupled with its flexibility,economy,privacy and other characteristics,it is favored by the parties to the dispute and is increasingly used in the commercial field.In the international arbitration market,numerous international treaties and agreements have made provisions on ad hoc arbitration.It can be seen that both the ad hoc arbitration system and institutional arbitration are indispensable.However,such an important ad hoc arbitration system has never been applicable in mainland China.The "Arbitration Law of the People's Republic of China" promulgated in 1995,due to the requirement of the "arbitration committee" in the requirements of the arbitration agreement,resulted in the indirect denial of the legal status of ad hoc arbitration.Since then,China's arbitration market has been dominated by institutional arbitration.But this is not only not conducive to the improvement of China's market economy diversification dispute resolution mechanism,but also not conducive to China's integration into the wave of the world economy.Now both the legal practice and the theoretical circles believe that the time to introduce a temporary arbitration system is ripe.In this article,the author will systematically discuss the basic theoretical issues of ad hoc arbitration.In the context of the development process and current status of China's arbitration system,it analyzes the necessity and feasibility of establishing a temporary arbitration system in China.Give reasonable and feasible system suggestions from multiple dimensions.With a view to building a temporary arbitration system with Chinese characteristics.This article is divided into six parts.Chapter 1 introduces the research background,purpose and significance of the topic.Chapter 2 first clarifies the meaning of ad hoc arbitration,explains the characteristics and historical evolution of ad hoc arbitration.The comparative analysis method is then used to clarify the advantages and existing significance of ad hoc arbitration in terms of flexible and efficient autonomous economy through the comparison of summary procedures in arbitration and institutional arbitration and ad hoc arbitration and mediation system.Chapter 3 introduces the current situation of China's ad hoc arbitration,and then analyzes the reasons and effects of the lack of ad hoc arbitration to fully demonstrate the necessity and feasibility of constructing the ad hoc arbitration system in China.At present,China has already met the basic conditions for the introduction of ad hoc arbitration from the perspectives of market economy,social environment and rule of lawatmosphere,and looks forward to the future development trend of ad hoc arbitration.Chapter 4 introduces extraterritorial ad hoc arbitration systems.Most countries and regions recognize ad hoc arbitration in legislation.Through in-depth understanding of the development process and advanced experience of ad hoc arbitration in other countries and regions,the legal status and market status of ad hoc arbitration will be explored.To adapt to the development of dispute resolution mechanisms in the international commercial field,China should introduce a temporary arbitration system to adapt to the international situation.Chapter 5 puts forward specific ideas on how to construct a temporary arbitration system in China,including the legal status of temporary arbitration,the determination of arbitrators,the effectiveness of temporary arbitration agreements,and the supervision of temporary arbitration.Has been promoted.