The Study Of Interim Measures In International Commercial Arbitration In China

Economic globalization is the inevitable result of social productivitydevelopment. With the deepening of economic globalization, the international civiland commercial activities have become increasingly active, which lead tosubsequently a large number of international civil and commercial disputes. In thecurrent, from the point of view of national legislation and practice, international civillitigation and international commercial arbitration are two ways of settling theinternational civil and commercial disputes solution mainly include. As a solution tothe international civil and commercial disputes, arbitration has a long history. In theearly14th century, the maritime codes of the Mediterranean countries have adoptedthe rules of the arbitration to settle international civil and commercial disputes. In the20th century, the international communication became more frequent and theinternational commercial arbitration to solve disputes became more and more popular.A series of international treaties on international commercial arbitration immediatelyarises at the historic moment. As one of the main methods of international civil andcommercial dispute resolution, International commercial arbitration has been adoptedin national legislation in most countries. Therefore, in order to better resolve theinternational civil and commercial disputes and promote the development ofinternational civil and commercial activities, it is particularly important to conduct anin-depth and systematic study on the international commercial arbitration system.In this paper, the main content of the study is the interim measures system ofinternational commercial arbitration. Interim measures play a very important role ininternational commercial arbitration. It can ensure the smooth progress ofinternational commercial arbitration procedure and effective implementation andenforcement of arbitral awards. In addition, in view of the interim measures ofinternational commercial arbitration system in China remains to be perfect, this paperis to study the defect of the international commercial arbitration system in China andput forward some useful suggestions accordingly.In order to study comprehensively the interim measures of internationalcommercial arbitration system in China, the historical method, the empirical methodand comparative method will be used in this paper as research methods to analyze how the interim measures of international commercial arbitration would take placeand develop and some relevant instances and the comparison of the different practicesof between China and other countries will also be discussed.The main text of this paper is divided into three chapters. The first chapterelaborates the summary of interim measures of international commercial arbitration,including the concept, type, function of interim measures, as well as the relationshipand difference between the interim measures and preliminary order, interlocutoryaward, partial award and final award. The second chapter is about legal procedures ofthe interim measures of international commercial arbitration, including the patterns ofdistribution of interim measures, applicable law to interim measures, the recognitionand enforcement of the interim measures and the obstacles during the recognition andenforcement of the interim measures, as well as relief means and so on. This chapteralso analyzes the possibilities that temporary measures are applied to the New Yorkconvention. The third chapter mainly discusses the status quo and defects of theinterim measures system of international commercial arbitration in China, and putsforward some specific legislative proposals.