Study On The Application Of Interim Measures In International Commercial Arbitration In China

Nowadays,International commercial arbitration with its flexibility and convenience become the general way of settling international commercial disputes.The interim measures have always been an important part of international commercial arbitration,which make sure the smooth development of arbitral proceedings and the effective enforcement of final award.Generally speaking,most international commercial cases have long trial periods and complicated trial procedures,which make the probability of transferring or concealing property maliciously and the damage of evidence increases.However,as the development of international interim measures,China's interim measure system has no longer been unable to meet the needs of practice.The main methods of this paper are normative research,comparative analysis,and empirical research.With those methods and through the compare with arbitration legislation of in interim measures of the relevant countries and regions and the arbitration rules of the world-famous arbitration institutions,it is not difficult to find out that the arbitration legislation in our country is not prefect and all-around.Specifically,the release of interim measure on arbitration Law does not reasonable.Arbitration institution playing a “intermediary”role in interim measure proceeding;arbitral tribunals have no power on issuing interim measures.This current institution make a negative effect on the development of arbitration and protection of parties' legitimate equities.The category of interim measure system in China's current legislation is not complete,but the arbitration rules of the some arbitration institutions have set up a great example.This article will expound it with the example of “free trade area arbitration rules”.In addition,the foreign-related commercial arbitration system of arbitration law in China are not exhaustive.This has led to certain obstacles in the implementation of extraterritorial interim measures in China and the implementation of temporary measures issued by the Chinese government outside the region.It needs to be resolved at the legislative level.In this paper,the author want to study the defect of the international commercial arbitration system in China andput forward some useful suggestions so as to achieve the purpose of promoting the attractiveness of commercial arbitration in China and the development of China's arbitration system.