Research On The System Of Emergency Arbitrators In China

Compared with International Trade Lawsuits,international commercial arbitration has many advantages.First of all, the arbitration is confidential.Whether in Anglo American law system or Civil Law System, unless the case has state secrets or commercial secrets of the legal situation,the trial must be open. In our country, case process can be heard by outsiders, and its verdict can also be downloaded from the official website.In the legal precedent law country, convictions can not only be reviewed, also can be referenced in future cases.On the contrary, unless the arbitration parties authorized disclosure the confidentiality of the case, the case can not be open to the outside world.Second,arbitration has the professional, the arbitrators often has the identity of both a lawyer and a expert of a field of international business. They have more in-depth research in the specific field. They can deal the core of the case, and the verdict would be more convincing.Third,arbitration has the advantage of high efficiency. Litigation, especially international commercial litigation, which can last for a number of years. However, international commercial arbitration can be closed within a year.Although international commercial arbitration has above advantages,but, but from the view of case volume of international commercial litigation and international commercial arbitration of our country,the international commercial arbitration is not dominant, it is about one-third of the case volume of litigation. This proportion is far below other countries, and indicates that most of commercial subject of our country accept litigation.Why does international commercial arbitration has the above advantages but still not widely recognized? Investigate reason, we can find that the international arbitration in our country is lack of strong emergency relief measures. Once the commercial dispute occurs, the situations of two sides would change rapidly, if there is no timely temporary relief measures, it will cause difficulties to resolve the dispute.Emergency arbitration as an important innovation of commercial arbitration, has been adopted by the main arbitration institutions in the world.Some leader countries of international commercial arbitration won the recognition of a growing number of international commercial subject through compromise in jurisdiction and strengthen the protection of the rights of the parties. This not only make the arbitration institutions among the top centers of the world, but also promote foreign trade. And also help setting up the authority of the arbitration in international society. At last it improves the international competitiveness.In this context, major arbitration institutions of our country amended the Arbitration Rules adding the Emergency Arbitration.However,emergency arbitration of our country lacks of upper law basis of "Arbitration Law" and "Civil Procedure Law".In order to give the parties the right to get effective remedies through Emergency Arbitration in mainland China, and build an reasonable emergencyarbitrator system, Chinese Civil Procedure Law and Arbitration Law were needed a corresponding adjustment to form a complete Emergency Arbitrator system and complete the localization process of emergency arbitration.This article focuses on the way to learn advanced concepts from the the world’s top arbitration institutions and give suggestions of how to arrange the details of the emergency arbitration.To the above purpose, the paper give comprehensive consideration of characteristics of arbitration and arbitration rules,using Comparison and analysis to demonstrate the feasibility of legislative proposals.Through systematic and comprehensive analysis, exploring the provisions of Emergency Arbitration and providing recommendations.