Research On The Issuance And Extraterritorial Enforcement Of Interim Measures In International Commercial Arbitration

International commercial arbitration increasingly favored by international commercial subjects due to its flexibility and efficiency.It has become the mainstream way to resolve international commercial disputes now.Countries are also actively promoting the establishment of an international commercial arbitration system,and the international community has successively established some conventions on international arbitration,such as the New York convention and the model law.But,the international community has not formed a unified opinion on the system of interim measures in international commercial arbitration,and there are great disputes over the issuance and enforcement of interim measures.By comparing the legislation and practice of interim measures of relevant national,this paper discusses the basic theory of interim measures,the issue and enforcement of interim measures and their existing obstacles.And on the basis of summarizing the experience of various countries,it puts forward its own suggestions for the construction and improvement of my country’s interim measures system.Chapter1 introduces the basic theory of interim measures.It have not formed a unified concept,and even the laws of different countries(regions)have different names for them.Although the names are different,it can be seen from the legislation and practice of various countries that the functions and essence of interim measures are the same,they are all to ensure the enforcement of arbitral awards.Chapter2 is the issuance of interim measures,which mainly introduces issuance mode and difficulties in issuing interim measures.Regarding the attribution of the right to issue provisional measures,there are mainly three legislative modes in the world,namely,the exclusive mode of the court,the exclusive mode of the arbitral tribunal and the coexistence mode.The coexistence mode is the mainstream in the world.At present,the issuance of unilateral interim measures,the issuance of interim measures before the composition of the arbitral tribunal and the issuance of interim measures against third parties also have difficulties.Chapter3 is the extraterritorial enforcement of provisional measures.There is no problem with the enforcement of interim measures issued by domestic arbitral tribunals or courts but for extraterritorial enforcement of interim measures still depends on the local laws and regulations.Countries that recognize and enforce overseas interim measures mainly adopt four models.Model law had acted as a good example.Chapter4 mainly starts from the current arbitration legislation in our country,analyzes the legislative characteristics and existing defects of the current system of interim measures in our country,and puts forward my own suggestions based on these problems.