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On the Construction of the temporary arbitration system in China

Author: TangXiaoJing
Tutor: FengXia
School: China University of Political Science
Course: International Law
Keywords: Ad hoc arbitration Build Developing
CLC: D925.7
Type: Master's thesis
Year: 2009
Downloads: 176
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Abstract

Ad hoc arbitration is institutional arbitration. The history of ad hoc arbitration is the only form of the arbitration system in the initial stage of institutional arbitration is the basis for the development of ad hoc arbitration. Today, ad hoc arbitration in dispute resolve economic and trade disputes even among countries still play an indispensable role. However, ad hoc arbitration in China, little-known, in theory, have not been given due attention, its legitimacy has not been clearly recognized. The author believes that the need for ad hoc arbitration system. Article through a comparative approach, the concept of temporary arbitration of conduct as defined, on the basis of the analysis and comparison of international different Shoji arbitration institution of arbitration rules and different countries of the domestic arbitration law, relating to ad hoc arbitration main legal problem, conducted a discussed and the conclusions drawn above, combined with China's actual situation, and made some suggestions and opinions on China to build ad hoc arbitration system. The article is divided into three parts to build ad hoc arbitration system in China are described. The first part of the definition of ad hoc arbitration, the analysis of its concept and its advantages and disadvantages, and ad hoc arbitration and institutional arbitration and mediation were compared, and described the History of the ad hoc arbitration system and the associated international legislation and developments. The second part describes the need for and means of the establishment of ad hoc arbitration system in China. First analyzes the concept of the value of the ad hoc arbitration, come to ad hoc arbitration is a prerequisite for the development of institutional arbitration and based on the value of philosophy is focused on fairness and efficiency. Second, from the historical and cultural perspective to investigate why the lack of ad hoc arbitration system in China, and analysis of the practical difficulties of the establishment of ad hoc arbitration system in China. From multiple levels of the need for the establishment of ad hoc arbitration system in China, and then from the two levels of legal and social basis of the feasibility of the establishment of ad hoc arbitration system. And the introduction of ad hoc arbitration system. Such as the establishment of the Arbitration Association, to modify the Arbitration Law, the overall system planning ad hoc arbitration system, emphasis on publicity and promotion of ad hoc arbitration system. The third part is the main part of the article. Elaborated the specific design of the establishment of ad hoc arbitration system and should pay attention to the problem. Explore from various angles of the temporary arbitrators and the arbitral tribunal, the temporary arbitration agreement, arbitration rules, the interim arbitral award, ad hoc arbitration procedures envisaged the establishment of ad hoc arbitration system in China.

On the Construction of the temporary arbitration system in China

Abstract

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