On The Implementation Of International Commercial Arbitration Interim Measures

As there are more and more international commercial disputes, more and more people choose arbitration. Its efficiency, independence, convenience and security attract people. With the development of arbitration system, interim measures arise more and more people’s concern. Interim measures have unusual significance in arbitration. If processing is not good, it will hinder the development of international commercial arbitration. The problem solved or not directly affect the effectiveness of the interim measures, so as to affect the final execution of arbitral awards, It will further affect the authority of the international commercial arbitration. However, due to various countries and the arbitration rules of arbitration of the attitude on this issue is different; the interim measures often cannot be executed. Especially in our country, the rules of interim measures to the execution in arbitration legislation is rare, it can’t satisfy the development of the arbitration practice. In this paper, by introducing the New York convention and Model Law the design of the system of interim measures and specific rules, analyzes the interim measures execution in the international commercial arbitration. The writer hopes to cause the attention of scholars and experts on the issue, also for the improvement of the system of interim measures.The main framework and structure of this paper is as follows: the introduction introduces the background of the paper, sums up the arbitration interim measures execution system instantly and the main research methods, also summarizes the main innovation point of this paper, of course, the writer also includes the deficiency of this paper. First chapter is about the basic contents of interim measures, with emphasis on the classification of the interim measures of international commercial arbitration and the interim measures of international commercial arbitration decision allocation modes. At the same time, the first chapter also clarified the importance of execution problems, and puts forward the focus of this paper.The second chapter mainly aims at the New York convention. It discusses about whether this convention can be adopted in interim measures. The writer draw the conclusion that New York Convention should be able to apply, because interim measures is different from other arbitral order. However, to solve its execution problems need some special legislation. We need further strengthen mutual assistance between countries, the interim measures on execute unified agreement on the basic of international legislation, to make the system of interim measures to the further improvement.The third chapter mainly introduces the Model Law. On the whole, interim measures of execution in the international community is still far from the highly unification. Even in the international commercial arbitration legislation is still very weak, it affects the further development of arbitration. This issue has caused wide attention in the international community, the second working group revised the 17 th clause of the Model Law. It made a new development of international commercial arbitration, and provided all countries a more reasonable reference and guidance.Chapter four is about the interim measures in China. This chapter argues that China’s current arbitration legislation should integrate with the international community, learn from other countries’ experience, refer to the international practice. At the same time, arbitration legislation shall specify in the court and the arbitration tribunal shall have the decisive role in the distribution of power, the arbitration tribunal court shall not be entitled. The parties can choose to apply to the court or arbitration in temporary measures. Also, Chinese arbitration legislation can also draw lessons from the Model Law, fill the blank in this area. So as to further improve China’s legislation and promote the development of China’s international commercial arbitration system.