A Comparative Study Of Emergency Arbitrator Rules

The emergence of the emergency arbitrator system is the result of international commercial arbitration practice.It provides a new way for parties to apply for temporary relief before arbitration.In order to safeguard the interests of the parties,resolve commercial disputes promptly and quickly,and enhance the attractiveness and competitiveness of arbitration,the emergency arbitrator system was first recognized in 2006 and has been recognized by internationally renowned commercial arbitration institutions and introduced one after another.The arbitral institutions that introduced the system revise their arbitration rules one after another and give corresponding support to the system at the theoretical level.Furthermore,some countries or regions have adjusted and modified domestic arbitration legislation to protect the achievements of this institutional innovation.The current arbitration rules and judicial practice regarding the emergency arbitrator system have been very rich in the field of international commercial arbitration.The emergence of this system not only provides a new way for the settlement of commercial disputes,but also leads the trend of international commercial arbitration.In this context,China's major arbitration institutions have also incorporated the emergency arbitrator system into their own arbitration rules.In 2014,the China(shanghai)Pilot Free Trade Zone included the Emergency arbitrator system in the Arbitration Rules of China(Shanghai)Pilot Free Trade Zone.Later,many well-known domestic arbitration institutions such as the China International Economic and Trade Arbitration Commission and the Beijing Arbitration Commission also introduced the system.Although this behavior shows an international awareness of advancing with the times,the provisions of the Civil Procedure Law and the Arbitration Law in China are relatively lagging and cannot give due support in legislation,resulting in the application of the system in China and under the system.The implementation of emergency arbitration measures has been difficult.At the same time,the design of the emergency arbitrator system in China's arbitration rules is not systematic enough and perfect,and it is still somewhat younger than the arbitration rules of the international mainstream arbitration institutions.Due to the short introduction time of this system in China and its immature development,it faces many difficulties in its application and practice.The author will analyze this by comparing domestic and foreign arbitration rules,arbitration legislation,and arbitration practices of emergency arbitrators to explore the problems in the application of the system in our country and the experience of extraterritorial institutions dealing with similar issues.But all in all,to make our country's emergency arbitrator system better developed in the future,it is necessary to learn from advanced international practices andexperiences,modify and perfect relevant legislation and arbitration rules,and continuously enrich arbitration practices.