国际仲裁法教学（华南师范大学）2 arbitration body 2013.pptVIP

Chapter 2Arbitration Agency Section 1? Introduction to Arbitral Agency Section 2 Arbitration Tribunal and Arbitrator Section 3? International Arbitration Institution Section one　Introduction to Arbitral Agency Categories of commercial arbitral agency 1. Ad hoc arbitral agency ★ 1.1 Advantages of ad hoc arbitration First, greater flexibility in arbitral proceedings. Secondly, time-saving and cost-effective. 资料：奥运会临时仲裁庭用法律维护体育公平，奥运体育仲裁，奥运仲裁——奥运会上不可缺少的部分 1.2 Disadvantages of ad hoc arbitration First, effectiveness of ad hoc arbitration depends upon the co-operation between the parties. Secondly, more reliance on the support from legal system in the seat of arbitration. 1.3 ad hoc arbitration in china Not recognized by Chinese Law All arbitrations must be conducted by “arbitration commission”– “arbitration commission” is required component of valid arbitration agreement. Awards made pursuant to foreign ad hoc arbitration should be enforced under New York Convention. 2. Arbitral institution /permanent arbitral bodies Arbitral institution is usually set up pursuant to relative international arbitration convention or national arbitration law and its purpose is to solve international commercial disputes. Arbitral institution usually has its own name，fixed office，Regulations，proven arbitration rules，Administration staff，Panel list 2.1 Advantages of institutional arbitration First, convenient for parties to commercial transaction; Secondly, keeping the process moving efficiently; Thirdly, high quality arbitration; Fourthly, the support of the court 2.2 Disadvantages of institutional arbitration（略） First, expensive; Secondly, delay in arbitral proceedings; Thirdly, time limits are often short; 资料：英国的行业仲裁 2.3 Function of Institution Draft arbitration rules supervision on the application of the Rules Administration works Maintain panel list Preliminary decision on the jurisdiction Assistance to the composition of the arbitration tribunal Appointment or withdraw