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A Study On The System Of Interim Measures Of International Commercial Arbitration

Posted on:2018-12-25Degree:MasterType:Thesis
Country:ChinaCandidate:J J WangFull Text:PDF
GTID:2346330515952746Subject:International Law
Abstract/Summary:PDF Full Text Request
In order to encourage the parties of international commercial arbitration to use domestic arbitration institution,and to expand the institution's international influence,plenty of countries have already established a more free and efficient arbitration system.As a constituent part of arbitration system,the system of interim measures not only has the capability to ensure the organized process of arbitration procedure and the final fulfillment of arbitral award,but also acts as one of the most significant reference factors in the choice of arbitration institution.Accordingly,the improvement of the system of interim measures will contribute to improving the competitiveness of the arbitration institution.However,the regulations on the system of interim measures in China is insufficient and the legislation and the arbitration rules are inconsistent,both of which make it difficult for China's international commercial arbitration institutions to win the favor of the parties in the competition.Therefore,how to consummate the system of interim measures and to expand China commercial arbitration institutions' international influence is worth studying.This thesis is divided into three chapters,besides introduction and conclusion:The first chapter briefly elaborates the basic principles of interim measures,including definition,characteristics,and types.The second chapter discusses the several kinds of regulations on interim measures in the representative countries and analyzes their advantages and disadvantages.The third chapter explores the shortages of China's legislation through comparative analysis on the inconsistency between the legislation and the arbitration rules of interim measures,based on which the suggestions for the improvement of the system of interim measures are put forward.In addition,the suggestions about how to use the existing system of interim measures to safeguard the parties' personal self-interest are also proposed at the end of this part.
Keywords/Search Tags:Interim Measures, Publishing Right, Overseas Implementation
PDF Full Text Request
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