On The System Of Emergency Arbitrators In International Commercial Arbitration

As the constant development of economic integration, international commercialarbitration, with its inherent advantages, plays a more and more important role insolving international commercial disputes. But with its widespread use, many newproblems gradually come out.Before2006, most of the international arbitration institutions’ rule on interimrelief was that parties could apply it after the arbitration tribunal was built. However,parties had to apply to courts if they wanted interim relief before arbitration tribunalwas established. In order to resolve this problem, after2006, those famousinternational arbitration institutions started to incorporate emergency arbitrator intotheir rules, and this paper is to discuss related knowledge about this regime.The paper mainly consists of four parts. The first part is a general introductionabout emergency arbitrator, including issue of interim measure, background of itscreation, and the regime’s features. The second part introduces detailedly theoperating mechanism of emergency arbitrator, and discuss the force of those decisionsmade by emergency arbitrator. Then it is the third part that summarizes practicesituation of emergency arbitrator in several international arbitration agencies. And thefinal part introduces China’s legislation on the interim measure, and discuss thepossibility of establishing emergency arbitrator in China.