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A Study Of Property Conservatory System In International Commercial Arbitration

Posted on:2015-03-19Degree:MasterType:Thesis
Country:ChinaCandidate:Z W WangFull Text:PDF
GTID:2266330431951074Subject:Law
Abstract/Summary:PDF Full Text Request
In today’s world, commercial exchanges have already cross the boundaries, and become an important way of communication between different countries. The countries from all over the world enjoy its bonuses and benefits. However, the disputes also happen during the transactions, which bothers the governments and the people who work on it. International commercial arbitration, a kind of alternative dispute resolutions, has been more popular among merchants who do international business with its flexibility, profession and independence. Commercial arbitration has become one of the most useful means to resolve the international commercial disputes. Property conservatory system, as the most common one in the international commercial arbitration conservatory systems, can be extraordinary helpful in execution of the arbitration award made by the arbitral tribunal and be the key in enhancing the development of international commercial arbitration. To be a bit disappointment, there still lack uniform and effective international treaties or regulations to define property conservatory system, and the legislation or judicial practices are quite different in each country, which may cause negative influence in the development of international commercial exchanges.Because of the legislation of international commercial arbitration in our country is out of fashion and no amendments put into practice, the traditional and conservative mode of property conservatory system stipulated in our provisions can no longer be suitable for the new situations and changes happen among the international business transactions. This paper starts from the relevant concepts of international commercial arbitration, and discuss a reasonable mode of property conservatory system. After that, it will give some suggestions for the perfection of the legislation of international commercial arbitration in our country. Finally, I will try to predict the trend of property conservatory system of international commercial arbitration developing in the new age.
Keywords/Search Tags:international commercial arbitration, property conservatory system, court, arbitral tribunal
PDF Full Text Request
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