The Issuance And Enforcement Of Interim Measure Under International Commerce Arbitration

International commercial arbitration system of interim measures involves the balance of interests, justice and efficiency. Decision and enforcement of the interim measures is the core of the protective system. Issues, such as, whether the protective system should be decided by the court or the arbitral tribunal, and how well the interim measures made by the arbitral tribunal are enforced out, have long been the focus of controversy and research in law.Both the United Nations Model Law on Arbitration revised in2006and UNCITRAL Rules newly taking effect in August15,2010took the reform of interim measures as one of the main tasks of their amendments. Compared with the previous rough provisions, the revised ones are sounder and the operation is more standard. Amendments of the Model Law and UNCITRAL Rules serve as an example for all the countries to revise their arbitration laws. According to their actual situations and taking the Model Law as the blueprint, some countries and regions have revised their arbitration laws.Taking Model Law and UNCITRAL Rules as the main lines, this paper sorts out the legislation and practice of individual countries and international arbitration institutions, summarizes the current study at home and abroad, and from the arbitral tribunal’s point of view, makes assessment on the core issues of interim measures—their issuance by the arbitral tribunals and extraterritorial enforcement. This paper also does a legal analysis of the multi-parties concerned with the interim measures and forecasts the development trend of interim measures. On this basis, this paper puts forward provisional measures for the shortcomings of the interim measures in China, hoping China’s arbitral tribunals adapt to the international tendency and make appropriate revision in legislation based on national conditions.