In today's society, as the most common and most authoritative kind of dispute resolutions, litigation is the choice of many parties. With the social progress and economic development, the global economic integration has become the trend of the times. Regional and international trades are increasing, which results in the number of civil and commercial disputes keeping arising. The traditional dispute settlement mechanism gradually being difficult to meet the increasing demands of society, so people began to seek new mechanisms outside litigation dispute resolution mechanism, and try to remedy to the overworked judicial branch. Thus, the construction of a diversified dispute resolution mechanism has become an important issue of current research. International commercial arbitration is a non-litigation dispute resolution mechanism, providing the parties with a solution beyond litigation. As early as in ancient times, arbitration has become one of the ways to solve the disputes, and it can be traced back to the primitive society. With the development of society and the progress of economy, institutional arbitration gradually appeared, which were guaranteed by the arbitration institutions. Thus, the arbitration is divided into the institutional arbitration and the ad hoc arbitration. As a kind of arbitration, ad hoc arbitration is still in an important position that it has been recognized by many countries and organizations. With the rapid development of China's Belt and Road Initiative and FTA, the frequency of bilateral and multilateral cooperation is increasing so that interregional and international trade disputes have increased, which means the dispute settlement mechanism in our country is facing a more severe test. Therefore, building a diversified dispute settlement mechanism has become an important topic of sustainable development for China's social security. However, while in most countries, the ad hoc arbitration is generally accepted, it has not been accepted by China's arbitration law. Moreover, as a Contracting State of the New York convention, China has not made any reservations about the relevant provisions of the ad hoc arbitration. Therefore, weather admit the ad hoc arbitration or not has been an important academic issue. As for a series of problems, like the necessity and feasibility of introducing ad hoc arbitration in our country and how to meet the conditions of our country, scholars have launched a heated discussion. v Based on the discussion of the relevant disputes and systems, this paper provides theoretical support for the necessity and feasibility of the introduction of temporary arbitration in china. The first part is the introduction, which introduces the background and content of the research. The second part will discuss the present situation and the drawbacks of our country's ad hoc arbitration system. The third part is about whether the ad hoc arbitration system should be introduced. The fourth part is about the feasibility of ad hoc arbitration system in china. As for whether the ad hoc arbitration system is feasible in our country, it can be divided into three aspects to discuss, so the feasibility analysis will be carried out on the three different levels. The last part is the conclusion, summarizing the full text viewpoint and draws out the new questions which are worth studying. Key words: Ad hoc arbitration, Institutional arbitration, Necessity, Feasibility, Controversial research

当今社会，诉讼作为公认的最常见和最权威的纠纷解决手段，将纠纷诉诸法院以寻求司法救济成为许多当事人的选择。而随着社会的进步和经济的发展，全球经济一体化逐渐成为大势所趋，区际和国际贸易与日俱增，使得随之产生的民商事纠纷也日益增多。传统的纠纷解决机制，渐渐难以满足社会逐渐增多的纠纷解决需求，人们开始寻求诉讼以外的纠纷解决机制，试图对超负荷工作的司法救济方式进行分流。由此，构建多元化的纠纷解决机制已经成为了当前研究的重要课题。 国际商事仲裁是一种非诉争端解决机制，为当事人提供诉讼之外的解决办法。仲裁 早在古代就已经成为民间解决日常纠纷的方式之一，其最早可以追溯到原始社会阶段。 随着社会的发展和经济的进步，逐渐出现了由机构参与的仲裁，仲裁机构对仲裁的正常进行保驾护航。由此，仲裁被划分为机构仲裁和临时仲裁。临时仲裁早于机构仲裁产生，并且在现今仍然占有重要的地位，因此得到了众多国家和组织的认可。随着我国一带一路和自贸区的发展，双边与多边协作日益增多，区际、国际贸易产生的纠纷日益增多，我国的纠纷解决机制面临着更为严峻的考验，而构建多元化纠纷解决机制成为了保障我国社会持续发展的重要课题。 然而，在大多数国家取得普遍认可的临时仲裁，却并未被我国仲裁法接纳。并且，作为《纽约公约》的缔约国，我国并未对临时仲裁相关公约规定做出保留。因此，临时仲裁的引入问题取得了学界的普遍关注，针对临时仲裁该不该引入、临时仲裁在我国可行度如何、怎样引入符合我国国情等一系列问题，学者们展开了热烈的探讨。本文通过对相关争议和制度的探讨，为临时仲裁在我国引入的必要性和可行性提供理论支持。 文章第一部分为绪论，介绍选题的背景和研究的内容。 第二部分研究我国临时仲裁制度的缺失现状和缺失弊端。 第三部分为关于临时仲裁制度是否应该引入的争议 第四部分为关于临时仲裁制度在我国可行性的争议。关于临时仲裁制度在我国是否具有可行性，可以分三个角度，分别针对三个不同层面进行可行性分析。 最后一部分为结语，总结全文观点，并引出新的值得研究的问题。 关键词：临时仲裁 机构仲裁 必要性 可行性