A Study On The Enforcement Of Interim Measures Issued By The Emergency Arbitrators

International commercial arbitration play an increasingly important role in the field of cross-border commercial dispute resolution for its features of high efficiency and many others.But more and more problems gradually emerge after it has widely applied.Although it has been recognized that the arbitral tribunal has the power to issue interim measures,it may cost weeks or even months to set up the International Commercial Arbitral Tribunal in practice,which undoubtedly leaves the parties some problems when they applying for the interim measures.The reason why the parties choose the arbitration to resolve their disputes is that the arbitral proceedings is convenient and efficient;However,because it may take a long time to set up an arbitration tribunal,the parties cannot reach their initial goal.In order to solve the urgent needs of the parties and to comply with the development of the practice of international commercial arbitration,many international commercial arbitration institutions have added the emergency arbitrator system into their arbitration rules in recent years,and formally given the emergency arbitrators the power before the arbitration tribunal to issue emergency relief measures that they think it is necessary,which provides a new path for the parties to obtain emergency relief before the composition of the tribunal.This new system has become more and more important.whereas,due to the lack of legislation to support the enforcement of the emergency arbitrators,the emergency arbitrator system has faced some problems.Singapore and HongKong are the only two regions to admit the enforcement of interim measures issued by an emergency arbitrator.No other regions clearly specify it,which has left great obstacles.Comparative analysis,theoretical analysis and empirical analysis are the main ways of this paper.Beginning with the nature and characteristics of the interim measures,this paper analyzes some relevant provisions of New York Convention and UNCITRAL Model Law on International Commercial Arbitration and the legislation and judicial practice of some countries and regions to discuss the importance and practicality of the enforcement of the interim measures issued by the emergency arbitrators and to review and discuss whether it is practical to develop the system in China.This paper is divided into four parts.The first part provides an overview of the interim measures issued by the emergency arbitrator,including the definition,characteristics,classification of the interim measures,the comparison of the interim measures issued by the emergency arbitrator with other interim measures and problems faced by the interim measures issued by the emergency arbitrator when enforced.The second part is empirical research on the enforcement of interim measures issued by the emergency arbitrators.The third part discusses the enforcement of the interim measures issued by the emergency arbitrators from the theoretical point of view,and analyzes the factors that affect the enforcement of the interim measures.The last part introduces some Chinese relevant legislation on interim measures and some relevant provisions of the enforcement of the decisions of the emergency arbitrators in the arbitration rules of the Shanghai Free Trade Area and the China International Trade Arbitration Commission,and then discusses the practicalities of establishing an emergency arbitrator system in China.At last,this paper puts forward some suggestions for the establishing of emergency arbitrator system in China.