无论从仲裁发展历史、仲裁本质,还是目前国际仲裁实践、我国缺失临时仲裁弊端等来看,我国都应当承认临时仲裁。当前,缺少临时仲裁弊端日益显现和严重。应当从仲裁协议内容、临时仲裁协议认定、仲裁员资格和选任、临时仲裁庭组成和职权、仲裁庭与法院关系来构建我国临时仲裁法律制度。 In terms of the history of arbitration, the essence of arbitration, or the current practice of international arbitration, and the absence of any temporary malpractice in our country, China should recognize ad hoc arbitration. At present, the drawbacks of lack of ad hoc arbitration are increasingly apparent and serious. The legal system of interim arbitration in our country should be constructed from the content of the arbitration agreement, the conclusion of the interim arbitration agreement, the qualification and election of the arbitrators, the composition and authority of the interim tribunal and the relations between the tribunal and the courts.