On The Issuance Of Temporary Measures Under The Emergency Arbitrator System

As a significant innovation of international commercial arbitration system in recent years,the emergency arbitrator procedure has been incorporated into the arbitration rules of the major arbitration institutions of the world.The emergency arbitrator procedure in essence is a kind of special arbitration interim measures,mainly to provide interim relief before the constitution of arbitration tribunal.This procedure further improves the system of arbitration temporary measures and become more and more popular with the parties in the international commercial arbitration.Being a new thing,however,the operation mechanism of this procedure is not yet mature.In practice,it is still faced with a lot of challenges.According to arbitration rules,the emergency arbitrator is awarded the wide discretion in issuing the interim relief which he/she considers “appropriate or necessary”.But neither academic nor practical circles has reached a consensus about the limitation of power of an emergency arbitrator.In general,the disputes about the limitation of power mainly focus on the following three matters:issue mode,content and limitation of interim measures,as well as the standards of issuance the emergency arbitrator shall take into consideration.In order to provide a practical reference guide for an emergency arbitrator to issue a temporary measures,this article will respectively analyse and summarize these three controversial disputes.In addition,keeping up with the trend of the international development,some major arbitration institutions in China also follow to add the emergency arbitrator procedure into their revised arbitration rules.However,the applicaiton of this procedure in our country encounters many difficulties,resulting from the particularity of Chinese legal system,and lack of experience in granting interim measures in arbitration practice.Inpurpose to promote the development of arbitration in our country,further into line with international arbitration,we should change our issue mode of temporary measures,enrich the types of temporary measures as well as refine the procedures and standards to issue interim measures.