从理念到实践:论“一带一路”背景下临时仲裁的制度构建

From Ideas to Practices:on the Construction of Ad Hoc Arbitration System under the Background of “Belt and Road Initiative”

临时仲裁在理论上已经有了较为深入的研究,且为世界广泛承认,但目前我国尚未对此作出规定,实为一大遗憾。临时仲裁不同于机构仲裁和法院诉讼机制,它具有灵活性、费用低的特征,且能显著提升裁决的公平性。“一带一路”倡议推进过程中,商事争议增多的社会现实要求尽快建立临时仲裁制度,以缓和诉讼压力。在具体构建方面,需要着重考虑临时仲裁的参与主体问题,创新仲裁员的选任规则,同时合理衔接临时仲裁与法院的关系。

Ad hoc arbitration has been studied deeply in theory and widely recognized in the world,but it is a great pity that our country has not yet made a provision for it.Different from institutional arbitration and court litigation mechanism,ad hoc arbitration has the characteristics of flexibility and low cost,and can significantly improve the fairness of the award.In the process of advancing the“Belt and Road Initiative”,the social reality of increasing commercial disputes requires the establishment of ad hoc arbitration system as soon as possible to ease the pressure of litigation.In terms of concrete construction,it is necessary to focus on the subject of participation in ad hoc arbitration,innovate the selection and appointment rules of arbitrators,and reasonably link up the relationship between ad hoc arbitration and the court.