On The Interim Measures In International Commercial Arbitration

International commercial arbitration with its unparalleled advantages has become the mainstream way of settling international commercial disputes.In international commercial arbitration,the interim measures have always occupied the important position,which ensure the smooth development of the arbitral proceedings and the effective enforcement of the final award.However,China's interim measure system has long been unable to meet the needs of practice.For example,the provisions of interim measures are vague,the standards of domestic arbitration and foreign-related arbitration are not unified,and there are many aspects that the legislation does not deal with.Therefore,in order to promote the development of foreign-related arbitration in China,we must revise our foreign-related commercial arbitration system to meet the needs of practice.Based on the arbitration legislation of some countries and regions and the arbitration rules of the world famous arbitration institutions,from the nature of the interim measures,this paper discussesthe conditions and the forms of issuance of interim measures,the ex parte interim measures,the emergency arbitrator system,the jurisdiction distribution model of the interim measures and the enforcementof interim measures.Finally,we make recommendations for our legislation,that is,to establish court-subsidiarity model for jurisdiction distribution of the interim measures and give the emergency arbitrator and arbitral tribunal the same status;the conditions and the forms of issuance of interim measures are not subject to special requirements,and give the arbitral tribunal a greater discretion;to improve the enforcement system of interim measures,and provide that the interim measures issued by the arbitral tribunal have the same effect as the interim measures issued by the courts and draw lessons from the Model Law to assistto enforce interim measures made by other countries.