The Emergency Arbitration Tribunal System In International Commercial Arbitration

International commercial arbitration has been the international business community’s preferred method of handling disputes for years. The process is efficient and private. Arbitration institutions are starting to offer different ways for parties to get the emergency relief they require, while still retaining all the benefits of international commercial arbitration, such as emergency arbitration tribunal. China(shanghai) Pilot Free Trade Zone had issued the arbitration rules on May 1, 2014. Emergency arbitration tribunal is first introduced into Chinese arbitration rules. China International Economic and Trade Arbitration Commission had issued the arbitration rule on January 1, 2015. The rules also provide emergency arbitration tribunal. These two rules had promulgated with similar time, introduced emergency arbitration tribunal as well in rules. These could promote our country’s international arbitration institution development, and the enhancement of competitive power. The arbitration practitioners who employed in our country’s international arbitration institutions had no experience with emergency arbitration tribunal. To some extent,this is due to less study on the emergency arbitration tribunal. This paper is based on arbitration rules, arbitration legislations, arbitration case with emergency arbitration tribunal. Our country’s legislations, rules about emergency arbitration tribunal are made comments and given advices in this article. The paper applies comparative analysis and example analysis.The whole article divides into three chapter,Chapter one introduces some basic concepts and features, and forecast of trend with respect to arbitration tribunal.The second chapter provides information as concerns emergency arbitration tribunal in five international commercial institutions’ rules and compares their advantages and disadvantages. There are the International Chamber of Commerce International Court, the London Court of International Arbitration, the American Arbitration Association, the Singapore International Arbitration Center, Arbitration Institute of the Stockholm Chamber of Commerce. This paper compares the five institutions’ rules.In the final chapter, through the analysis of China current legislation of arbitration, approaches emergency arbitration tribunal from different angles, attempts making suggestion to improve the rules.