A Study On The Emergency Arbitrator System In International Commercial Arbitration

Emergency Arbitrator system in recent years, is a gradual rise of a popular international commercial arbitration system. Its inception, after years of development and practical application, resulting in a good expected results, but also exposed many worthy of study and explore issues. Today the majority of well-known international arbitration institutions when revising the provisional measures, have joined the system. In this context, in view of China's mainland in the institutional design and operation is still in its infancy, it is necessary to examine foreign legislation and on the basis of practical experience to further build and improve the legal basis and the operating mechanism of the system, to better protect the rights of the parties. To achieve the above purpose, the following divided into four parts.The first part of the emergence and development background Emergency Arbitrator System brief introduction, Emergency Arbitrator system concepts and features, as well as major national courts treat an emergency arbitrator to make an overview of the different attitudes.The second part discusses the emergency arbitration procedure from the perspective of internal arbitration proceedings how it works.The third part of the implementation issues surrounding the Emergency Arbitrator system from external perspectives on emergency arbitration to decide how the recognition and enforcement, including expanded Thinking in terms of the legal nature of the emergency arbitration decision, the applicability of the International Convention on the analysis of emergency arbitration decision.The fourth part mainly through our existing legislation and arbitration practice, revealed on emergency arbitrator characteristics of China's current system of arbitration legislation and defects, put forward a sound system of Emergency Arbitrator recommendations.