Study On The System Of Emergency Arbitrators In International Commercial Arbitration

In the practice of international business,By virtue of its more emphasis on autonomy,efficiency and secrecy,arbitration is very popular in the settlement of international commercial disputes.In practice,however,before the composition of the arbitration tribunal,In order to avoid the transfer of disputed property and the loss of important evidence,the parties have to apply for temporary preservation to the court,In this way,the case is placed under the jurisdiction of the court,which violates the original intention of the parties to settle the dispute by the way of arbitration.In order to solve this problem,Most of the world’s arbitration institutions,such as ICC and SCC,have joined the "emergency Arbitrator System" in their arbitration rules.Endowing an emergency arbitrator the power of releasing Interim Measures of protection before the formal establishment of the arbitration tribunal.This article is to study the related issues of this system.Firstly,This article starts with the basic theory of the emergency Arbitrator System.This system is a new system,The application of it does not require the parties to express it.As long as the parties have no explicit provisions to exclude the application of the procedure,the system exists in the arbitration rules chosen by the parties.It is precisely because of the flexibility and convenience of the system that more and more arbitral institutions in the world have introduced the procedure.Secondly.With regard to the application of the system,After the program was started,The arbitration center should designate an emergency arbitrator for the parties as soon as possible.In order to ensure the fairness and transparency of the procedure,the emergency arbitrator should voluntarily disclose the circumstances that may affect the independence and independence of the arbitrator.So as to enhance the trust between the parties to the arbitration procedure.In addition,the emergency arbitrator is required to make a quick decision on whether to agree with the measure within a limited time and ensure the efficiency of the procedure.Thirdly.On the implementation of Interim Measures of protection for emergency arbitrators,The effective implementation of its interim measures is directly related to the interests of the parties and affects the development of international commercial arbitration.Therefore,the article starts with the nature of the measure.In reference to the implementation of the arbitration award under the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards,And analysis of the implementation of emergency temporary measures in the domain outside the region.Finally.With the increasingly prominent role of the emergency Arbitrator System in the field of international commercial arbitration,China is also actively in line with the world.However,due to the lack of experience in the release of interim emergency measures in the practice of arbitration in China,this system still can not be an effective remedy in our country.Therefore,in order to promote the development of the system in China,we should improve the issuing standard of emergency temporary measures,the enforcement power of decision and performance guarantee,and prompt the reform of arbitration legislation in China.