Study On Interim Measures In International Commercial Arbitration

With the globalization of international economic integration and the accelerated development of commercial exchanges between the countries more and more frequently, an endless stream of commercial disputes appear. International community continues to seek appropriate dispute resolution mechanisms. International commercial arbitration wins because of its convenient, fast, flexible and efficient advantages. The release and implementation of interim measures is of great significance in the arbitration proceeding, which directly relate to the smooth achievement of the arbitration proceedings. But international commercial arbitrations often encounter many problems for lacking of uniform legislation and implementation of interim measures issued by law. In this paper, the author uses comparative and empirical analysis methods on interim measures from the meaning, characteristics, necessity, the release and the extraterritorial application and other aspects. On this basis the author put forward her own point of view. In 2006, UNCITRAL amended the "Model Law", in which the reform of the interim measures has made large repercussions in the international community. This article also attempts to put forward a sound proposal to the provisions of the interim measures on the base of《the Model Law》amendment.This paper is divided into four chapters and discusses several important legal issues of the interim measures. Combined with the arbitration theory and practice of advanced countries in the world, the author will put forward her view to improve the arbitration law in China.Chapter One:This chapter introduce the legal background, meaning, characteristics and the necessity of the interim measures . Then I analyze the forms of interim measures in the advanced countries and I propose to expand the form of interim measures in China's law.Chapter Two: This chapter talks about the release of the interim measures which is the most important chapter in the whole paper——the release time, agencies, conditions and legal application. At last, the author will put forward her own views.Chapter Three: This chapter talks about the executive body of the interim measures, law application and the extraterritorial execution. The extraterritorial execution is the key part which divides into the reasons for suffering obstacles, reasons for refusal to perform and the regulations of interim measures.Chapter Four: This chapter analyzes the legal regulations of interim measures of international commercial arbitration in China. Combined with the regulation on the interim measures in the international community, suggestions of solving existing problems are put forward.In the conclusion, I point out the development trend of several legal problems on the interim measures in the international community. And then I analyze the urgency to improve the legislation and practice on the interim measures in China.