A Study On The Procedure Of Deposit Of Property In China

The procedure of property preservation of arbitration is a significant procedure. Scientific and rational design of property preservation of arbitration procedure is a very important means to endure the enforcement of arbitral awards and achieve the desired results of dispute resolution. However, the current legislation in our country haven’t been paying much attention to this procedure, the legislation is highly principle and unfit for the development of the theory and operation of international commercial arbitraion. On the basis of systematic analysis of China’s current arbitral procedure of property preservation and legislative comparison of the different legislative cases and practices in the field of international commercial arbitration, this dissertation discusses the shortcomings of China’s arbitral procedure of property preservation. It also compares and analyses in arbitral and civil procedure of property preservation in order to explore the way of rebuilding of China’s arbitral procedure of property preservation.The dissertation consists of four chapters. Chapter one:This chapter redefines the concept of arbitral procedure of property preservation, and then, analyses the nature of procedure and the setting of procedures, defines the boundaries with overseas relevant system; Chapter two:This chapter mainly introduces application procedure of property preservation; Chapter three:This chapter gives analysis of decision making power and power of enforcement. Chapter four:This chapter put forward views of the relief procedure of property preservation. Chapter one focuses on the theoretical basis of arbitral procedure of property preservation. Comparison analysis and case anaysis have been used in the rest of the chapters to analyse common practice and effective experience in the field of international commercial arbitration. And then the writer points out shortcomings of status quo of China’s relative legislation and gives several suggestions on the rebuilding of the procedure such as the matter of giving security in the application procedure, the matter of decision making power, absence of regulation of overseas enforcement, detail the procedure of reconsideration, expand the scope to revocation, establish the objection procedure of the third party, make detailed and comprehensive compensating for the damage of the wrong application.The writer attempt to go deeply into the matter to raise scientific and clarified legislative suggestions. Since the materials about the topic were limited, the writer could only make the discussion like this. This is only to cast a brick to attract jade.