International Commercial Arbitration Temporary Preservation Measures In The Study

Interim Measures of Protection in international commercial arbitration areprocedural matters, which ensure the arbitration procedure proceeding smoothly, andfacilitate the Enforcement of Arbitration Awards. However, there are no uniforminternational regulations that rule the Interim Measures of Protection in the world, andthe legislation or judicial practices are quite different in each country. The jurisdictionof the Interim Measures of Protection is classified as “the exclusive jurisdiction of theCourt mode”,“the exclusive jurisdiction of the arbitral tribunal mode”, and “theconcurrent power mode”; and “the concurrent power mode” can be divided into “thefree choice mode” and “the court subsidiary mode”. In addition, the conditions to takeInterim Measures, as well as the recognition and enforcement of interim measures, arein dispute, too.The Interim Measures of Protection in China are classified as “the exclusivejurisdiction of the court mode”. Comparing with the international legislation trend, theInterim Measures of Protection in China are unique in conditions, pre-arbitrationinterim measures, the recognition and enforcement of interim measures，etc. Therefore,it is necessary to suggest legislative proposals for the current Interim Measures ofProtection system in China.