International Commercial Arbitration In China Interim Measures Of Protection

Interim measures of protection in international commercial arbitration are very important, which contributes to the international commercial arbitration development with no other alternatives. Different provisions about interim measures of protection system show a tendency of being the same currently, according to the legal articles in different countries, arbitration rules of international institutions, and rules of UNTITRAL Model Law on International Commercial Arbitration, however, the related regulations in China are still limited by the traditional and conservative legislation model. In order to the development of international commercial arbitration career in China, and based on our country's practical situation and the common regulations in the international society, this article analyzes the defects of interim measures of protection, and tries to provide some useful advice.Considering the convenience of analysis, this article firstly defines the interim measures of protection, and analyzes the value of the interim measures of protection as followed. Then, this article tries to find out the main defects of legislative and institutional arbitration rules in China, i.e. the lacking in the release, categories, time and extra-territorial implementation of the interim measures of protection. According to the foregoing research, this article provides some plain advice focusing on the development of legislative rules of China from chapter2to chapter four.Specifically, the second chapter mains on the disadvantages of the court as the only authority of the release, then connecting with the rules of many countries and international arbitration institutions, suggests that our country should cite the international common model of double powers, i.e. to award the decision power of release to the court and arbitral court, and researches deeply on the division of specific power. The third chapter, based on the absence of applying for the interim measures of protection before the arbitration and the just two measures of protection, i.e. property protection and proof protection, researches on the practical difficulties from the whole protection for the parties, and suggests to add the system of supplying for the interim measures of protection before arbitration and the type of action protection measures. The fourth chapter analyzes the last step of realizing the value of international commercial interim measures of protection, i.e. the enforcement of extraterritorial. This chapter actually researches the international situation of extraterritorial enforcement, and then provides some advice for the development on the basis of the current practice. In the conclusion part, this article expects the perfect development of international commercial interim measures of protection in China which could contribute to the international commercial arbitration career.