Research On The Ad Hoc Arbitration System Of China Free Trade Zone

Under the background of advocating the construction of diversified dispute resolution mechanism,the interim arbitration system began to attract domestic attention.Under the background of the construction of China’s free trade pilot zone,commercial disputes are complex and diverse.China’s Arbitration Law can not meet the needs of commercial arbitration in the free trade pilot zone by a single institutional arbitration,by the end of 2016.The Supreme people’s Court issued the opinion on providing judicial guarantee for the construction of the free trade pilot zone,which means that the temporary arbitration system can be opened to a limited extent in the free trade pilot zone of our country.In 2017,the China Internet Arbitration Alliance issued the interim Arbitration and Institutional Arbitration docking rules（hereinafter referred to as the "docking rules"）and the Hengqin Free Trade Zone launched the "Hengqin Free Trade pilot Zone interim Arbitration rules".It is a preliminary achievement in the exploration of China’s interim arbitration system.Through the study of the theory of interim arbitration and the analysis of the practice of the interim arbitration system in the free trade experimental zone,it shows that our country already has the soil environment for the development of the interim arbitration system,and through the analysis of individual cases of temporary arbitration in the free trade experimental zone,this paper analyzes the shortcomings and defects of the implementation of the interim arbitration system in China’s free trade pilot areas,and reveals the internal and external difficulties in the construction of the system.From the internal and external mechanism level,this paper probes into the reasons for hindering the development of the interim arbitration system in China’s free trade experimental zone,and finds out from the perspective of economic analysis that the motivation for the development of the domestic interim arbitration system is insufficient,the contradiction between the supply and demand of domestic temporary arbitrators,and the procedural defects between the temporary arbitration system of the free trade experimental zone and the arbitration institutions,so as to draw a blueprint for the construction of the interim arbitration system of the free trade experimental zone in China.In order to remove the institutional obstacles to the introduction of ad hoc arbitration in the free trade pilot zone,the legislature and government departments should learn from the experience of foreign legislation.orderly progress is made from the following three aspects: suspending the application of articles 16 and 18 of the Arbitration Law in the free trade pilot zone,formulating interim arbitration rules generally applicable to each free trade pilot zone,and promoting the reform of the Arbitration Law and systematically implanting the interim arbitration system.Finally,build an advanced concept,complete system,fine rules of the free trade pilot zone interim arbitration system.