The Cross-border Enforcement Of Interim Measure Of Extraterritirial Arbitration

The appearance of interim measures in international commercial arbitration is to ensure the efficient settlement of disputes in arbitration procedure and to avoid the injustice of arbitration and the failed of enforcement.However,the establishment of the relevant system in our country has just started,not enough to meet the needs of users,so writing this paper,divided into three chapters of research and discussion.The introduction introduces the origin of this problem:under the circumstance that the arbitration legal system of our country,the system of the domestic arbitration and of the foreign arbitration is separated from the"double-track pricing system",the interim measure of internal arbitration can be enforced through the courts of the place of enforcement,and in the case of the"double-track pricing system" of the separation of the foreign arbitration system,as a part of the framework of foreign-related arbitration,there is no legal basis and precedent for the enforcement of extraterritorial arbitration.The problems brought about by the inability to enforce out the interim measures of extraterritorial arbitration are:first,the imperfection of the international commercial arbitration system in China;Second,the arbitration rules of arbitration institutions of our country allow the arbitral tribunal to issue transnational interim measures,but China does not allow the enforcement of provisional measures of extraterritorial arbitration.The first chapter introduces the theoretical basis and publication mode of interim measures in international commercial arbitration,and determines the definition of interim measures in the light of the Model Law of the United Nations Commission on International Trade Law(1985,2006,as amended)and the Arbitration rules of the International Chamber of Commerce,etc.form and common types.The main characteristics of interim measures in international commercial arbitration are transnational,which is precisely where interim measures in international commercial arbitration differ from those in domestic arbitration.The cross-border enforcement of interim measures of extraterritorial arbitration brought about by this characteristic is the main content of this paper.The pattern of issuing interim measures is exclusive court and arbitral tribunal and sharing the right of publication between the court and the arbitral tribunal;The second chapter introduces the theoretical basis of cross-border enforcement of interim measures in international commercial arbitration,and discusses that different forms of interim measures determine different modes of extraterritorial execution.The proposed arbitration law of the place of enforcement or the international treaty signed by the place of enforcement are the legal basis for the enforcement of interim measures of extraterritorial arbitration;And through the analysis of the representative countries and regions,such as Germany,Britain,the United States and Hong Kong and other representative countries and regions on the enforcement of extraterritorial arbitration interim measures and cases,this paper introduces the international practice on the enforcement of extraterritorial arbitration interim measures;The third chapter also introduces the current legislative norms,such as Civil procedure Law,Arbitration Law and Special procedure Law of Maritime procedure,as well as the provisions of the arbitration rules of Shanghai Free Trade area on the enforcement of interim measures of extraterritorial arbitration.On this basis,this paper analyzes the necessity and feasibility of establishing the system of interim measures for the enforcement of extrater:ritorial arbitration in China,and puts forward the tentative idea of establishing the system of interim measures for the enforcement of extraterritorial arbitration by means of domestic legislation and international treaties.