Study On Extraterritorial Enforcement Of Interim Measures In International Commercial Arbitration

As a flexible and efficient resolution of civil controversy,international commercial arbitration is often chosen by the parties in international commercial disputes.The effective enforcement of the interim measures can avoid the occurrence or expansion of damage,balance the interests of both parties,and ensure the smooth process and execution of the arbitration award.The extraterritorial enforcement of interim measures has always been a difficulty in the entire legal system of interim measures.According to the arbitration agreement,the parties will agree to submit an arbitration application to an arbitration tribunal in a certain country or region.The seat of arbitration may not be the country where either party is located,or it may not have any geographical or economic relationship of the subject matter involved in the case.Difficulties in the enforcement of interim measures outside the territory.Regardless of whether it is arbitration legislation or arbitration rules in the world,the special regulations for the extraterritorial enforcement legal system of interim measures are deficient legislatively.The international legal basis for the extraterritorial enforcement of interim measures includes Brussels Convention,New York Convention,and the Model Law,etc.,the domestic laws and regulations on interim measures and the applicable standards in judicial practice vary from country to country.The extraterritorial enforcement legal system of temporary measures is gradually developing towards a unified and international trend.This article will discuss the concept and effect of interim measures,legal basis,and legal requirements and methods of extraterritorial enforcement,and learn from the legislation and judicial practice of various countries,based on the legislative status of China’s interim measures legal system,and put forward suggestions on how to improve China’s legal systems for the extraterritorial enforcement of interim measures.This dissertation is divided into four chapters:Chapter 1 introduces the concept,characteristics and different types of interim measures in international commercial arbitration,as well as the effect,characteristics and significance of the extraterritorial enforcement of interim measures.Chapter 2 researches on the legal basis for the court to enforce the interim measures issued by different departments.Firstly,it analyzes the international law basis for the recognition and enforcement of interim measures issued extraterritorially,such as the Brussels Convention and the New York Convention,and research on the application of the above international conventions based on specific cases;.secondly,different countries and regions have different legislation of the extraterritorial enforcement of interim measures.It is concluded that the international community has not yet formed a unified applicable norm for the extraterritorial enforcement,but the legal system of interim measures is developing in the direction of uniformity and internationalization.Chapter 3 mainly discusses the affirmative legal requirements and negativity for the recognition and enforcement of interim measures by the domestic courts,as well as the different methods of extraterritorial enforcement of interim measures in international commercial arbitration in different jurisdictions,including the method of assistance enforcement,enforcement of award,enforcement of judgments,and transformation enforcement.Chapter 4 introduces the current legislative status of extraterritorial enforcement of interim measures in China,including arbitration legislation,civil litigation legislation,and special procedure law,etc.,and is based on The China(Shanghai)Pilot Free Trade Zone Rules of Arbitration and CIETAC Arbitration Rules actualizes the innovations of China’s international commercial arbitration institutions and arbitration rules.Moreover,there are still some shortcomings in the enforcement of interim measures for commercial arbitration in China,In the future,in the revision of arbitration legislation and the improvement of arbitration rules,the arbitration tribunal’s qualifications for issuing interim measures should be recognized,and the legal system for the courts to issue interim measures in support of extraterritorial arbitration should be improved.