Research On The Issue And Implementation Of Interim Measures Of The International Commercial Arbitration Tribunal

These days the pace of economic globalization makes countries' economic and trade exchanges more frequent,promoting the development of the international commercial arbitration.But due to the fact that the complexity of international commercial cases makes arbitration hearing normally experience a long span,the probability of transferring and concealing property maliciously,and loss and damage of evidence increases.At the same time,as a means of relief,interim measures become necessary for such problems.Unfortunately,compared with the rest regulations of the international commercial arbitration system,the whole society lacks the unification of the release and implementation rules about the interim measures.There is no clear regulation on this question in New York convention;the model law article 17 made a comprehensive demonstration rules but because it is not the international law text with the nature of the international convention,it does not have the mandatory binding.There are still certain obstacles about the arbitration tribunal issuing interim measures;at the same time since the establishment of the arbitration tribunal based on party autonomy,it lack "force" in supervising the implement of temporary measures.As a result,it needs the court's judicial intervention for assistance in execution.However,legislative blank hindered the effective implementation of interim measures,particularly in the execution outside,which is detrimental to the arbitration award.This article embarks from the legislation and practice angle,analyzes the related rules of arbitration and the arbitration cases in legislation and practice,reviews the current status of development of the arbitration system in our country,suggests our country endows the arbitration tribunal with the release of interim measures,and chooses the release and execution model.The full text is divided into four chapters.The first chapter describes the basic questions of interim measures,introducing the concept,type,function of the interim measures,and combing general conditions about publishing interim measures in combination with the current national legislation and international practice.The second chapter analyses the related theory and practice about the arbitration tribunal issuing interim measures.First of all,it sums up the three attribution modes of temporary measures rights,recognizes the need for arbitration tribunal issuing interim measures,and then on the basis of this,analyses the obstacles of the publishing process,and explores the way to solve these problems.The third chapter discusses the execution problems of temporary measures published by the arbitration tribunal,and the emphasis is on analysis of the real bottleneck.Because the tribunal did not perform the coercive power of temporary measures,it needs the court's jurisdiction "intervention".First,comb the current four execution modes;then put forward cross-border obstacles in the execution of the arbitration tribunal temporary measures;next investigate the legislation present situation about outside cross-border execution of interim measures in Germany,Britain,Hong Kong;finally,analyses the model law article 17 about the new rule of temporary measures execution problems.The fourth chapter analyzes the current legislation about issuing and enforcement of interim measures,and put forward the proposal.These years,regarding revisions of civil procedure law,arbitration law and part of the rules of arbitration as the breakthrough point,this article recognizes the progress and the current legislation deficiencies,and then put forward feasible suggestions about improving the issuing and enforcement of interim measures in China.