Research On The Application Of The System Of Interim Measures In International Commercial Arbitration In China

In international commercial arbitration,interim measures have gradually become an important procedure that affects the progress of the arbitration procedure until the final award is obtained,and protects the legitimate rights and interests of the parties.In the process of realizing the effectiveness of interim measures,the issue of interim measures and their crossjurisdictional recognition and enforcement are always the most important factors hindering their effectiveness.Chinese current arbitration legislation and judicial practice have long adopted a conservative tendency towards the formulation of interim measures,which gradually deviates from the mode of interim measures advocated by the UNCITRAL Model Law.There are a series of problems to be solved in the application of interim measures in international commercial arbitration under the current foreign-related judicial system in China.The first is that the law has not yet explicitly authorized the arbitral tribunal or emergency arbitrator to make interim measures,and the court has exclusive jurisdiction to issue interim measures,which has led to long-term doubts about the legality of the arbitral tribunal to make interim measures;The second is the cross-jurisdictional recognition and interim measures.The enforcement issue is limited by China’s current arbitration legal system.Except for Hong Kong and Macao regions that have signed mutual assistance agreements on arbitration preservation,no cases have been retrieved in which Chinese courts directly recognized and enforced the preservation measures made by courts/arbitral tribunals in foreign arbitration proceedings;The third issue is how to link the judicial review of foreign-related arbitration in my country with interim measures,whether to use the arbitration seat standard to replace the current arbitration institution location standard to determine the nationality of interim measures,and how to deal with interim measures involving third parties in arbitration.This paper first briefly introduces the basic definition of interim measures and basic issues such as the source of rights;then,it introduces in detail the current legislative status of interim measures under the domestic legal system of our country and the new exploration of interim measures in the arbitration rules of some arbitration institutions,so as to explore the domestic law.This article discusses the legal basis for the arbitral tribunal to issue interim measures;then this paper analyzes the difficulties faced by interim measures under domestic law and expounds the new changes of interim measures in the country in recent years;Taking the revision as an opportunity,it proposes improvement measures to improve and develop Chinese foreign-related arbitration interim measures system,hoping it to be beneficial to the development of Chinese arbitration interim measures system.