The Problems And Improvements Of Commercial Arbitration Interim Measures In China

Interim measures of commercial arbitration are some commands or orders madeby arbitral tribunal or the court to ensure that there will not be any abstracts to stop theimplement of awards. Such potential abstracts are due to the behaviors or reasons ofone party of the arbitration. The reason why I choose this title is because the interimmeasures are one of the most important parts of commercial arbitration system whilethe laws of China take little concern of them. It leads to an obvious result that theinterim measures in China are no longer suitable for the requirements and principlesof modern arbitration with the development of economy. There are3main points ofthe problem. The first one is the internal contradiction of arbitration system. Thesecond one is the prejudice to arbitration in our legal system. The last one is theproblems held in the Arbitration Law and Civil Procedure Law in our country.There are4parts of my paper. The first part will make a simple introduction ofthe concept and nature of commercial arbitration interim measures in China in orderto reveal the contradiction between free of will and mandatory. Such contradiction hasbecome the foundation or the key to study the arbitration interim measures. Thesecond part will share some legislative models and experience of interim measures ininternational commercial arbitration which may be good samples for our country tobuild and improve our connected legal system. The third part will concentrate on thestatus of our interim measure system to find out some problems buried in the deep.We will analyze these problems through historical records and current cases. The lastpart is a comprehensive and I will make some advices to the improvement ofcommercial arbitration interim measures.