A Study On The Temporary Safeguard Measures In International Commercial Arbitration

Interim measures of protection are part of the necessary measures which aim atthe legitimate rights and interests of the parties, maintaining the authority andexecution of the arbitration. They do not directly solve the practical controversy of thecase, but to avoid losses or adverse impact during the arbitration as well as to offereffective guarantee in arbitral processes. However, interim measures come from thetemporary remedies in the litigation; there are still blanks in legislation andcontradictions in practice need to be solved since then.This article would present an overview of the concept and classification of theinterim measures in international commercial arbitrations, and discusses three aspectsin detail-the attribution of jurisdiction, the applicable elements, and the recognitionand enforcement-in order to give legislative proposals to improve China’s legalsystem based on its current situation.Specifically, I will firmly hold the two features of interim measures of protection,urgency and temporary, first discuss “preservation of behavior” is also a necessarypart of interim measures of protection, though our legislation has only contained“preservation of evidence” and “preservation of property”. Then, I will compare twomodes under parallel jurisdiction of the interim measures of protection,"free choice"and “court-subsiding”, arguing which one is more suitable for the development trendof the arbitration. Later, I will analysis the applicable elements of the interimmeasures of protection, pointing out the defects of existing legislative doctrines.Finally, I will analysis whether in the form of "partial award" or "interim order" is theinterim measures of protection more conducive to international recognition andenforcement, trying to find out method to avert the abuse of interim measures ofprotection.