The Establisnment Of Emergency Arbitrator System Of In China

As an important innovation in the Interim Measures of commercial arbitration,the emergency arbitrator system has been incorporated into the arbitration rules of the world's major arbitration institutions.Some countries in the field of international arbitration in the leading position,in the form of legislation on the urgency of the arbitrator to determine the effectiveness of the decision or decision,and the ruling or decision to implement the mode of arrangement.Under this background,China's major arbitration institutions in the revised arbitration rules recently,joined the emergency arbitrator system,mainly for the convenience of the parties in the implementation of emergency support system of arbitrators to obtain temporary relief measures.In contrast,in Chinese,and effectiveness of emergency arbitrator system,in the regulation of the legislative level is still lacking.In order to give the parties in China,using emergency arbitrator system effective relief rights,constructing emergency arbitrator reasonable running mechanism,our country's civil procedure law and arbitration law should make corresponding adjustment.In this process,how to learn from the advanced idea of the world's major arbitration institutions,institutional details arrange emergency arbitrator procedures,combined with the present situation of our country,put forward some feasible suggestions,which focus on the research direction of this paper and the main content.In order to meet the purpose of the study,the comprehensive consideration of the characteristic of arbitration,arbitration and arbitration rights protection efficiency and other factors,by using the method of comparison and theoretical analysis,feasibility of legislative proposals,mainly divided into the following four chapters:The first chapter is an overview of the system of emergency arbitrator in commercial arbitration.This paper briefly introduces the connotation,operation mechanism and characteristics of the emergency arbitrator system,and provides a background for the following analysis and suggestions.The second chapter from the application of emergency arbitrator,the three aspects of the jurisdiction distribution of Interim Measures and provisional measures execution mode introduces the support and development of the foreign emergency arbitrator system,show the advanced idea of arbitration,provides a useful perspective for the analysis of the current situation of China's emergency arbitrator system.The third chapter from the two aspects of the arbitration rules and arbitration legislation,from the mode of application,emergency arbitrator Interim Measures of the publishing rights and the execution of three through the emergency arbitrator system has three aspects,there is a full range of analysis of China's emergency Arbitrator System problems.The fourth chapter is the concrete suggestions of constructing the system of emergency arbitrator in commercial arbitration in china.On the basis of the sublation of the concept of arbitration in our country,this paper gives some concrete suggestions on the application of the method,the jurisdiction of the emergency arbitrator and the implementation of the interim measures.