Published: 2026-03-02 00:00
Article 47, the "Assistance in Ad Hoc Arbitration" provision, embodies the flexibility, inclusiveness, and service-oriented nature of the ICDPASO Rules against the backdrop of the convergence and development of different international arbitration systems. It allows the Court of Arbitration to provide critical procedural support, leveraging its professional resources and credibility, to parties who have chosen ad hoc arbitration. Its core significance lies in respecting the paramount principle of party autonomy, while ensuring the smoothness and stability of the ad hoc arbitration process through limited institutional assistance, thereby enhancing the procedural regularity and efficiency of the entire arbitration ecosystem. It is particularly noteworthy that this mechanism aligns closely with the "special arbitration with the seat of arbitration in China" regime established in Article 82 of the revised 2025 Arbitration Law of the People's Republic of China①. It provides a viable path for institutional assistance, enabling parties to conduct flexible, efficient, and judicially supported ad hoc arbitration within the Chinese legal framework.
I.Text of Article 47 “Assistance in Ad Hoc Arbitration”
Upon application by the parties, the Court of Arbitration may assist in the ad hoc arbitration according to the rules selected by the parties, including acting as an appointing authority for the arbitral proceedings.
II. Core Points and Jurisprudential Analysis
Although brief, this article is rich in meaning. Its operation is based on the following core points:
(A) Party Autonomy as the Fundamental Precondition
The initiation of this provision depends entirely on a "party application" and must be conducted "according to the rules selected by the parties." This establishes the dominant role of the parties in the procedure. Whether the parties choose to apply the UNCITRAL Arbitration Rules or any other arbitration rules, the ICDPASO Court of Arbitration will respect their joint choice. Its role is that of a service provider and a facilitator of the procedure.
(B)Flexible Adaptation of the Court's Functions
The term "assist" in this provision is key, defining the Court's non-dominant role in this model. Its core function, "acting as an appointing authority," is the most typical and important service. Specifically, when parties cannot agree on the appointment of a sole arbitrator or presiding arbitrator, the Court of Arbitration exercises the power of appointment. This effectively resolves the most common deadlock in ad hoc arbitration, preventing the procedure from stalling at its inception. Under the special arbitration regime of Article 82 of China's Arbitration Law, the arbitral tribunal must file a record with the Arbitration Association after its constitution②. ICDPASO, as a professional institution, can, at the parties' choice, assist in completing arbitrator appointments, tribunal coordination, and even the subsequent filing process, ensuring that the ad hoc procedure is both flexible and regular.
(C) Open-Ended Scope of Services
The phrase "including acting as an appointing authority" implies that its services are not limited to this. In practice, the Court's assistance may extend to other aspects, such as deciding on challenges to arbitrators, providing advice or determining arbitrator fees, and providing logistical support services like hearing venues, interpretation, and audio-visual recording. This open-ended wording provides parties with the flexibility to seek a wider range of procedural support.
III. Practical Advantages of this Article
1.Mitigating the Weaknesses of Ad Hoc Arbitration and Preventing Procedural Deadlock Risks: It provides a crucial "safety valve" for ad hoc arbitration, addressing potential delays and disputes, particularly regarding the primary and critical step of arbitrator appointment, thereby ensuring the efficiency of commencing and advancing the procedure.
2.Integrating the Advantages of Both Arbitration Models: It allows parties to enjoy the high flexibility, autonomy, and potential cost savings of ad hoc arbitration, while also benefiting from the professionalism, credibility, and procedural safeguards of a permanent arbitral institution. This achieves the best of both worlds.
3.Enhancing Institutional Service Capabilities and Rule Competitiveness: This provision demonstrates ICDPASO's broad vision, not confined to a single service model. It can attract parties who prefer ad hoc arbitration but also desire institutional back-up support, thereby expanding its service scope and market appeal.
Conclusion
ICDPASO's provision on "Assistance in Ad Hoc Arbitration" represents a pragmatic and forward-looking institutional design. It precisely addresses the core pain points in ad hoc arbitration practice. By offering limited and supportive institutional intervention, it organically combines the "order" of institutional arbitration with the "freedom" of ad hoc arbitration. This not only provides parties with richer and more reliable dispute resolution options but also reflects ICDPASO's precise positioning and service philosophy as a modern arbitration service institution committed to meeting the diverse needs of international commercial parties. This mechanism aligns closely with the special arbitration system established in Article 82 of China's new Arbitration Law. It can provide professional support for parties conducting ad hoc arbitration seated in China pursuant to that article, making the system more workable and predictable in practice. This demonstrates not only the flexibility of the ICDPASO Rules but also its proactive stance in supporting the international development of China's arbitration legal framework.
① Article 82, Arbitration Law of the People's Republic of China (2025): For foreign-related maritime disputes, or foreign-related disputes between enterprises that are registered and established within the pilot free trade zones approved by the State Council, the Hainan Free Trade Port, or other areas stipulated by the State, if the parties agree in writing to arbitrate, they may choose to have the arbitration conducted by an arbitration institution; they may also choose to have the arbitration seated in the People's Republic of China, with the arbitral tribunal composed of persons meeting the requirements of this Law conducting the arbitration in accordance with the agreed arbitration rules. Such arbitral tribunal shall, within three working days after its formation, file a record with the Arbitration Association regarding the names of the parties, the seat of arbitration, the composition of the arbitral tribunal, and the arbitration rules. If a party applies for property preservation, evidence preservation, or requests an order for the other party to perform a specific act or refrain from performing a specific act, the arbitral tribunal shall submit the party's application to the people's court in accordance with the law, and the people's court shall handle it promptly in accordance with the law.
② Ibid.
