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Provisional arbitration system of the

Author: HeJiMin
Tutor: QiaoXin
School: China University of Political Science
Course: Procedural Law
Keywords: Arbitration System Ad hoc arbitration Institutional arbitration International community Arbitration agreement Practical significance Analysis and Discussion Historical development Value orientation Legislative provisions
CLC: D925.7
Type: Master's thesis
Year: 2006
Downloads: 286
Quote: 1
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Abstract


The arbitration system origins from Ad hoc arbitration and has been the onlyform of arbitration system for a long time. Even though the institutional arbitrationsystem has swept over the world and has been more fashionable, the Ad hocarbitration has still received rather favourites for its flexibility and efficiency. And theAd hoc arbitration also obtained the universal acknowledgement and the respect in theinternational community. However, our Arbitration Law didn’t regulated the Ad hocarbitration system for its condition for validity of arbitration agreement. Multivariatesociety needs multivariate dispute settlement resolution, the absence of Ad hocarbitration hinders the healthy development of arbitration of china. Therefore, thethesis chooses Ad hoc arbitration system as its research object and analyzes sometheoretical and practical problems, then proposes the practical significance and someconception on how to establish Ad hoc arbitration in China.Centering on Ad hoc arbitration, the thesis is based on its concept anddevelopments, and analyzes the theoretical principle, value orientation and theadvantages of Ad hoc arbitration by comparing its other concerned systems. Afterstudying the practice in the world and in China, the thesis provides some tentativeideas on how to design Ad hoc arbitration in China.Besides preface and final words, the thesis consists of 4 parts, about 37,000characters.PartⅠ is introduction, mainly explains the concept and developments of Ad hocarbitration in the past and analyzes the theoretical principle and value orientation ofAd hoc arbitration.PartⅡ makes a comprehensive and profound study of the advantages of ad hocarbitration through a comparative approach. In this part, the institutional arbitration,its fast procedure and mediation are respectively compared with Ad hoc arbitration totell the differences.PartⅢ inspects the status quo in the international community and in China. Afteranalyzing the legislation and the practice of Ad hoc arbitration in the internationalsociety and in China, the thesis provides the reasons of absence of Ad hoc arbitrationof Chinese arbitration legislation as well as the negative influence of the absence ofAd hoc arbitration.PartⅣ analyzes the practical significance of introduction of Ad hoc arbitrationin Chinese commercial arbitration as well as some designs on Chinese Ad hocarbitration system, which includes its arbitration agreements, arbitrator, arbitrationtribunal and the recognition and enforcement of the Ad hoc arbitration awards.

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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Arbitration Law
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