Study On Interim Measure In International Commercial Arbitration

With integration and rapid development of international economy in last decades, business communication between different countries is booming with business disputes increasing. To settle the disputes, different countries and communities have long sought an appropriate dispute resolution mechanism. In commercial arbitration, the issuance and enforcement of interim measure is vital to the whole arbitration proceeding with significance to the smooth development of the arbitration proceeding and the enforcement of arbitral awards. However, the international community lacks unified regulations of issuance and implementation for interim measure, which leads to a lot of practical problems, such as the issuance and imp implementation of interim measures. In view of this, the international community has been working to improve the relevant legislation of interim measures, in order to better solve the problems in arbitration practice. In 2006, the UNCITRAL revised provisions of interim measures in the "Model Law on International Commercial Arbitration". However, under China’s existing legislation, the court is the only subject to issue and implement interim measures, and relevant regulation are scattered in several laws instead of general provision in the "Arbitration Law". Compared with advanced international practices, China’s legislation is not consistent with international trend which is not conducive to give full play of arbitration as dispute settlement mechanism and the protection of parties’rights and interests in the arbitration.The whole dissertation includes five chapters is divided into five chapters focusing on several important issue of interim measures based on comparative analysis and empirical analysis methods; discuss the issuance, recent development and enforcement of interim measures in detail; the author then summarizes China’s defects of legislation and puts forward his idea for the improvement of China’s related legal regulations in order to create a favorable legal environment for the development of China’s commercial arbitration.The first chapter is an overview of interim measure system in international commercial arbitration, including the definition, kinds, characteristics, necessity and new development of interim measure. The second chapter analyzes major legal issues of the issuance of interim measure, including the issuance models, issuance time, issuance requirements and the governing Law. The third chapter mainly discusses the Emergency arbitrator proceeding as the new development of interim measure, analyzing the system’s operating process, advantage and defects. The fourth chapter discusses the enforcement of interim measure, comparing court-ordered interim measure with that of arbitral tribunal. The fifth chapter summarizes advanced experience of legal regulations and practice of interim measure in international commercial arbitration, analyzes China’s legislative defects and put forward targeted proposal.