论临时仲裁在我国的建立

由于历史原因和特定的社会背景,我国没有对临时仲裁的效力予以规定,只有仲裁地不在我国境内或适用外国法审查协议效力的临时仲裁可能被法院认可。从避免我国当事人遭遇不公、排斥理由已不复存在及经济效率性角度来说,立法应当尽快确认临时仲裁之效力。此外,完善立法并不只需删除仲裁机构之强制规定,更要在整个法律体系中进行全面整合及制定相应的程序规则。

A study of the development of Ad hoc arbitration in China

Ad hoc arbitration and institutional arbitration are two kinds of arbitration. Because of the specific social and economic conditions,only institutional arbitration is recognized in PRC＇s Arbitration Law. Only when the seat of arbitration isn＇t located in the territory of PRC or using foreign law to regulate the validity of the arbitration agreement,the ad hoc arbitration may be recognized by the court. Thus,to protect the interests of the Chinese party in the contract and increase the efficiency,as well as the reasons behind denying the ad hoc arbitration no long existing,the PRC＇s Arbitration Law should admit the validity of the ad hoc arbitration as soon as possible. Besides,we should not only change the related law,but also make some relevant proceedings regulations in the whole law system.