Research On The System Of Arbitration Property Protection

Arbitration has a long history as a dispute settlement,arbitration of property preservation system plays an important role in arbitration.Through property preservation measures,temporary relief party to ensure the effective execution of the final arbitral award or to avoid irreparable damage.Compared to arbitration in many ways reached a consensus,there are still many differences in the system of arbitration property preservation.Chinese scholars begin to study the arbitration property preservation system since 1990 s.But,the number of scholars in China is limited compared to abroad and the breadth of our scholars is not enough.There are few studies on arbitration legislation and practice in other countries and regions,which has lagged behind the development process of international arbitration legislation.Therefore,this article intends to study the arbitration legislation of other countries and regions in the world and arbitration rules of international arbitration agencies,using comparative analysis of research methods.A Comparative Study on the Existing Problems of Arbitration Property Protection System in China,combined with the latest developments in international arbitration legislation,put forward the idea of perfecting the system of property preservation in our country.In addition to the introduction and conclusion,which is divided into four parts to study the issue of arbitration property preservation system.The first part is an overview of arbitration property preservation system.This part analyzes the concept and procedural characteristics of the arbitration property preservation system,through comparison and litigation property preservation system of contact and difference.Further analysis of the value of the property preservation system of arbitration objectives provide theoretical support for perfecting the system of arbitration property preservation.The second part is the status and existing problems of China ’s arbitration property protection system.This section includes two aspects: first of all,summarizes the present situation of our country’s arbitration property preservation system;secondly,through the above in the comparative field of view on the arbitration property preservation system,analysis on the shortcomings and problems of arbitration property protection system in China.The third part is the comparative property preservation system of arbitration.This part is a comparative study of the method,examines and analyzes the arbitration legislation of the United Kingdom,the United States,Germany,Australia and other countries and regions and the arbitration rules of the international arbitration institutions on the arbitration property preservation system.In the content of the arbitration law on the allocation of property rights of the legislative model,emergency arbitration procedure for arbitration of property,implementation of the preservation of arbitration property and Remedial procedures for the preservation of arbitration property.The fourth part is on the perfection of China ’s arbitration property preservation system.This section is based on the preceding discussion,This paper puts forward the author ’s concrete idea of perfecting the system of property preservation in our country,including the allocation of arbitration property to determine the allocation of power to take the coexistence of power legislation model,improving the pre-arbitration property preservation system,perfecting the recognition and enforcement of arbitration property preservation measures and improving the arbitration system of property preservation system.