While ad hoc arbitration is accepted in most jurisdictions as a non-institutional form of arbitration, the Chinese Arbitration Act does not recognize ad hoc arbitration and judicial practice shows a clear pro-institutional arbitration stance. A recent judicial opinion permitting ad hoc arbitration among enterprises incorporated within pilot free trade zones in China re-ignited some interest in formalizing its use. This article discusses the desirability and possibility of such a move.
Asian International Arbitration Journal