Research On Interim Measures In International Commercial Arbitration

International commercial arbitration,as the main method for resolving international commercial disputes,is widely used in today's international commercial dispute resolution mechanism.Interim measures,as an important part of the international commercial arbitration system,play an important role in protecting the interests of the parties and ensuring the enforcement of arbitral awards.Due to the differences in judicial traditions and cultural backgrounds of the countries in the world,the regulations on interim measures for international commercial arbitration in different countries are also different,mainly reflected in the concepts,types,and subjects of interim measures.In the practice of international commercial arbitration,the difference in the above regulations has brought a series of problems for the extraterritorial implementation of interim measures,such as the implementation obstacles caused by the different types of interim measures,and the inconsistency between the issuing body of the interim measures and the legal regulations of the place of execution Recognition and enforcement by the court without being executed,etc.At the same time,because there is no international treaty or international law to regulate the relevant issues of interim measures for international commercial arbitration,resulting in the lack of legal basis for the implementation of interim measures outside the territory,often cannot be recognized and enforced smoothly.These problems prevent the provisional measures in international commercial arbitration from exerting their due roles and effects,and seriously affect the interests of parties to international commercial arbitration.The first part of the article begins with a brief introduction to the basic issues of interim measures for international commercial arbitration from the perspectives of the differences and similarities between the provisions of the interim measures system for international commercial arbitration and the main content of interim measures.The second part of the article puts forward the difficulties faced by the interim measures of international commercial arbitration on the issue of the right to issue and the issue of extraterritorial enforcement,and briefly analyzes the dilemmas faced by the interim measures of international commercial arbitration and the causes of the difficulties.The third part of the article puts forward solutions such as the issuer of unified interim measures,actively improving the relevant provisions of interim measures,and the flexible use of alternative implementation methods.It aims to solve the difficulties encountered in the practice of interim measures in international commercial arbitration.It also analyzes the shortcomings of my country's interim commercial arbitration measures,and proposes corresponding perfect methods to solve the problems faced by my country's interim commercial arbitration measures,so that the development of China's international commercial arbitration can be in line with international standards.