Research On Interim Measures Of China International Commercial Arbitration

Since the Supreme People's Court's Arrangement for Mutual Assistance and Preservation of Arbitral Proceedings by the Courts of the Mainland and of the Hong Kong Special Administrative Region(hereinafter as “the Arbitration Preservation Arrangement”)came into force on 1 October 2019,the parties to the arbitration proceedings in the Mainland and HK may apply to the courts for interim measures,declares that conduct preservation is included in mainland.This is the first time that a Mainland court has provided preservation assistance to arbitration proceedings in other jurisdictions,resolved the problem of enforcement of interim measures for arbitration between the mainland and HK,which is of great significance to the improvement of our international commercial arbitration interim measures system.However,there are still some problems: the arbitration law still does not include conduct preservation,which is inconsistent with the the Civil Procedure Law,causing some troubles to the judicial practice of arbitration.The jurisdiction of interim measures belongs exclusively to the court,the arbitration and the arbitral tribunal act as the “transmitter”,lack power of actual examination and decision.The arbitration rules of major arbitration institutions are ahead of lagging arbitration legislation,so conflicts are inevitable in practice.Not only that,There is also a lack of provisions on extraterritorial enforcement of interim measures,which are not conducive to the effective enforcement of interim measure rulings and arbitral awards in practice.This paper uses the methods of literature analysis,normative analysis,case analysis,and comparative research,take jurisdiction and extraterritorial enforcement of interim measures in international commercial arbitration as the core,discusses new problems of legislation and arbitration practice,as well as the provisions and shortcomings of the current legislation on the extraterritorial enforcement system of interim measures in arbitration,in order to put forward some suggestions for the revision of relevant legislation in China.This paper is divided into four chapters.The first chapter introduces the general issues of the interim measures of international commercial arbitration,including its title,characteristics,and types.Then leads to relevant provisions of our interim measures for international commercial arbitration,laying the foundation for the following and limiting the scope of research.The second chapter analyzes the three models of international commercial arbitration interim measures,points out the contradictions between our exclusive arbitration interim measures jurisdiction model and the current arbitration legal system,finds out the opportunity to change.The third chapter discusses the dilemma of the extraterritorial implementation of interim measures for international commercial arbitration,its conditions and ways of implementation,and discusses the system and shortcomings of the extraterritorial implementation of interim measures for arbitration in China.Chapter ? expounds the necessity of perfecting the jurisdiction and extraterritorial enforcement system of China's international commercial arbitration interim measures,and puts forward concrete suggestions for perfection: adding the provisions of conduct preservation in the Arbitration Law;endowing the arbitral tribunal with the power to govern the arbitration interim measures,reform and adopt the two-track system of arbitral tribunal and court;increasing the extraterritorial enforcement clause to assist the international commercial arbitration interim measures and perfecting the system of China's arbitration interim measures.