Research On China’s Emergency Arbitrator System

As an innovation in the practice of international commercial arbitration,the emergency arbitrator system provides parties with more choices in the provision of temporary measures.In order to adapt to the development of practice,many well-known international commercial arbitration institutions have increased the system of emergency arbitrators by modifying the arbitration rules.In this context,some arbitration institutions in China have improved the competitiveness and attractiveness of institutions in order to adapt to the development of international commercial arbitration.They have also revised the arbitration rules and added the emergency arbitrator system and detailed regulations.However,due to the influence of China’s arbitration status,the rule of law environment,etc.,there are still some obstacles in the application of the emergency arbitrator system.At the same time,the emergency arbitrator system itself still has many shortcomings.Therefore,in order to enhance the practicability of the system and effectively protect the legitimate rights and interests of the parties before the formation of the arbitration tribunal,China needs to make certain adjustments to the emergency arbitrator system to make the system of emergency arbitrators more systematic and more adaptable.China’s arbitration status and the rule of law environment.The main research direction of this paper is to explore the practical dilemma of China’s emergency arbitrator system on the basis of exploring the development status of China’s emergency arbitrator system.By examining the development experience of extraterritorial arbitration institutions and combining with China’s arbitration status and rule of law environment,it is feasible.System construction recommendations.In addition to the introduction and conclusion,this article includes the following five parts:The first part is an overview of the emergency arbitrator system,which mainly introduces the concept,characteristics and necessity of the emergency arbitrator system.The practical dilemma of court litigation relief and arbitration court relief has caused certain obstacles to the protection of the rights and interests of the parties.The institutional advantage of the emergency arbitrator has played a role in filling the gap to a certain extent.It is necessary to construct an emergency arbitrator system.The second part is the origin and exploration of China’s emergency arbitrator system.The lag of legal provisions hinders the application of the system of emergency arbitrators.The innovation of arbitration rules provides a reference for the construction of the system ofemergency arbitrators.The exploration of arbitration practice provides a strong support for the construction of the system of emergency arbitrators.The third part is the problems and dilemmas of China’s emergency arbitrator system.In the legislation,the arbitration tribunal or emergency arbitrator has not been given jurisdiction to interim measures,which has hindered the application of the emergency arbitrator system to some extent.The nature and authority of the emergency arbitrators also pose certain obstacles to the implementation of emergency arbitration decisions.The conditions for the emergency arbitrators to issue interim measures are also vague,and the implementation problem is a "blocker" that plagues the emergency arbitrator system.The fourth part is the investigation and reference of the extraterritorial emergency arbitrator system.From the perspective of arbitration legislation,arbitration rules,and arbitration practice,this paper introduces the experience of the emergency arbitrator system of well-known arbitration institutions outside the region,and proposes the reference for building an emergency arbitrator system in China.The fifth part is the thinking and suggestion of constructing the emergency arbitrator system in China.Based on the experience of extraterritorial arbitration institutions,combined with the shortcomings of China’s emergency arbitrator system and the status quo of arbitration in China and the rule of law environment,from the nature and authority of emergency arbitrators,the power to issue emergency measures to emergency arbitrators,The emergency arbitrators issued the conditions for the provisional measures and the implementation of the emergency arbitration decision,and proposed recommendations suitable for the development of the emergency arbitrator system in China.