A Study On Several Legal Issues Of Interim Measures In International Commercial Arbitration

With the frequently international commercial contact, international commercial arbitration plays an important role in solving international commercial disputes, and the interim measures can protect the legitimate interests of the parties. The interim measures of arbitration are some mandatory commands to ensure the interests of one party before the arbitration award or the arbitration proceedings. With the improvement of all kinds of international commercial arbitration rules, interim measures system has also developed. However, our interim measures system also has a huge gap with the relevant advanced legislation. The problem prominently appeared in three aspects: single release institutions, no comprehensive release type and lack of extra-territorial implementation clauses. Although some domestic arbitration organization has made new rules about them, but the rules can not be useful without the support of arbitration legislation. So, the article will adopt the method of empirical analysis and comparative analysis to carry out these three aspects. The purpose of the article is to find the suitable suggestion for our arbitration legislation through analyze about the advanced legislation in the world. Only the relevant arbitration legislation has revised, the problems can be fundamentally solved.Apart from conclusion,the paper consists of three parts: “Problem”, “Problem analysis” and “Problem solving”.The first chapter is the “Problem” part. The chapter first deals with the definition of interim measures; then introduces and analyzes the current legislation of interim measures in China.; after analyzing, the author puts forward three problems: single release institutions, no comprehensive release type and lack of extra-territorial implementation clauses.The second, third and fourth chapter is the “Problem analysis” part. Chapter two deals with the release pattern, after analyzing, the author finds out the most suitable pattern for us. Chapter three introduces the current release type of interim measures, and points out the type that we need to add. Chapter four first deals with the possible paths of interim measures’ extra-territorial implementation; then introduces the legislation practice of some countries and regions; at last, the author analyzes the feasibility of the implementation path.The fifth chapter is the “Problem solving” part. Combined with China’s current legislative situation and problems, the author puts forward the corresponding feasible recommendations.