Research About The Interim Measure Of International Commercial Arbitration

The further economic globalization, the continuous progress of international trade and the more economic and trade exchanges between the countries caused more and more international commercial disputes. Most of the parties choose international commercial arbitration to solve their disputes because its convenient, neutral, flexible and autonomy. Interim measures of protection occupies a pivotal position in arbitration, protects the arbitration’s procedure, the award’s justification and parties’ right. And it avoids subject’s damage and lost effectively. But there are many difficulties and problems in practice. Many countries had amended the relevant legislation and United Nations International Commercial Arbitration Model Law had amended its legal provision. Because the lack of legislation and practices, our international arbitration legal system brakes away the normal method and the development trend of the international arbitration, and it will preclude the further development, so it is necessary to amend our interim measures legislation.This dissertation discusses some issues about the interim measures of international commercial arbitration and our country’s present situation. The dissertation consists four parts and includes the characters and forms of interim measures, the release and implementation of the interim measures of the international commercial arbitration. And there are some my own suggestions about our interim measures legislation.The opening chapter gives a general overview of the subject, such as the conception and the classification of interim measures. The second chapter introduces the release, including the mode, the time and the conditions. It lays heavy stress on the release mode.Chapter3is about the implementation of interim measures. It involves the international practice and the extraterritorial enforcement and the latter is the emphasis. I put forward my options by analyzing practices and reasons, studying the method of regulating the extraterritorial enforcement.The last chapter is about Chinese interim measure of international commercial arbitration, including the present situation and the suggestions for improvement.