A Study On The Emergency Arbitrator System In International Commercial Arbitration

In recent years,with the development of international commercial arbitration,major international arbitration institutions have increasingly attached importance to the needs of the parties for emergency relief before the establishment of the arbitral tribunal,and an emergency arbitrator system has emerged in international commercial arbitration.The emergency arbitrator system has outstanding advantages in avoiding irreparable losses and ensuring the implementation of final arbitral awards.Many well-known international arbitration institutions have actively introduced the system.Many countries and regions also support emergency arbitration system development at home or in the region through domestic legislation.China also introduced this system in arbitration rules.Since China is still in a limited exploration stage of the system,it is necessary to sum up the theory and practical experience of other countries and regions in the world and further improve our emergency arbitrator system.Undoubtedly,the emergency arbitrator system fills the gap in the system for parties seeking emergency relief before the arbitral tribunal is formed.However,because the system is an emerging system and it is still immature,there are still some problems.To solve these problems,it is necessary to carry out a serious theoretical analysis of the system and combine the specific circumstances in the practice operation to provide feasible suggestions for the legislative construction of the system in China.In order to achieve the above research purposes,this article is intended to be expanded from the following five parts in addition to the introduction.The first part is an overview of the emergency arbitrator system.It is divided into three parts: the concept of the emergency arbitrator system,the characteristics of the emergency arbitrator system,and the historical development of the emergency arbitrator system.The second part is the operation of the extraterritorial emergency arbitrator system.Five well-known international arbitration institutions were selected to conduct detailed statistical analysis on the operation of the emergency arbitrator system since its introduction.Then,analysing problems by using data and cases.The third part is the application of the extraterritorial emergency arbitrator system.By comparing the provisions of the international emergency arbitrator system,the general principle of the application of the extraterritorial emergency arbitrator system was summarized from a macro perspective,and the operation mechanism of the emergencyarbitrator system was clarified from the microscopic perspective,which can provide reference for the construction of legislation of the system in China.The fourth part is the preliminary exploration of the emergency arbitrator system by some arbitration institutions in China.This section introduces the provisions of China's "Arbitration Rules for Free Trade Zones" and "Cgotches Rules" on the emergency arbitrator system,and points out the current difficulties in the application of the system in China: the legal status of emergency arbitrators is not clear,and temporary measures There are doubts about the right to issue,lack of autocratic jurisdiction,and urgent decisions to be implemented hardly in our country.It also conducted an in-depth analysis to lay the foundation for the legislative construction of the system.The fifth part is the legislative construction of emergency arbitrator system in our country.This section mainly draws lessons from the advanced experience of arbitration legislation or arbitration rules of other countries in the world,provides practical suggestions for the establishment of an emergency arbitrator system in our country's legislation,and clarifies the basic framework of the legislative construction of China's emergency arbitrator system to resolve applicable difficulties of the system.The system applies in our country should play its due role.