The Extra-territorial Enforcement Of Interim Measures Released By Tribunal

Interim measures in international commercial arbitration is a crucial procedural issues.The enforcement of interim measures plays a huge impact in achieving the arbitration authority, protection of the legitimate interests of the parties and achieving predictability of the arbitral award. With the development of global business, international commercial arbitration tribunal seated in a third country in the case is gradually increasing.An interim measure released by the tribunal needs to be recognized and enforced across the border. Due to the fact that there are no uniform regulation in countries and international level,it has negative effect on making fair and just awards.Also it endangers the protection of parties’ legitimate equities. On the legislative and judicial practice,this paper put an eye on the extra-territorial enforcement of interim measures released by the tribunal.There are many defective legal regulations on interim measuers of international commercial arbitration in China.Also at the end of the paper,some suggestions are put forward.This paper is consist of four chapters.The chapter one describes the concept and classification of interim measures in international commercial arbitration, and compares some related concepts.Also the first paper provides an overview of the concept and significance of the extra-territorial enforcement of interim measures released by the tribunal. The chapter two, respectively, from the perspective of the legislation, introduces the abritral laws on the extraterritorial enforcement of interim measures issued by an arbitral tribunal under the unilateral mechanism of some countries and regions like Germany.On the international level, chapter two provides a scrutiny of the Section 17 th of Model Law regarding the extraterritorial enforcement of interim measures issued by arbitral tribunal,also illustrate the regulations. Chapter three offers an analysis of whether the interim measuers and the award defined by the New York Convention are the same from the empirical point of view. And the chapter discusses the “finality”of the interim measuer.A summary of obstacles,patterns and conditions on the extraterritorial enforcement of interim measures issued by an arbitral tribunal is also considered. Chapter four discusses regulations about enforcement of interim measures issued by extraterritorial arbitral tribunal.And the problems occures when seeking enforcement of interim measures.This chapter analyses the necessity of extraterritorial enforcement of interim measures issued by an arbitral tribunal and which pattern fits for China.