Research On The Interim Measures In The International

In the settlement of disputes of International Civil and Commercial case,arbitration has become a main way to settle the dispute based on the characteristics of neutrality,flexibility,and convenience.With the development of economic globalization,the international commercial disputes increased rapidly.Therefore,in international commercial arbitration,the function and status of interim measures are increased rapidly.The interim measures mainly include the following functions: the firstly,it reduce the unnecessary losses of the parties.The second,it will ensure the smooth implementation of the arbitral award.In recent years,with the establishment of Shanghai Free Trade Zone,China began to gradually attracted international businessmen to invest in China to promote China's economy.In 2014,the Shanghai Free Trade Zone Arbitration Rules was promulgated.In Chapter three,seven articles stipulate the relevant issues of interim measures.It is the first time that China has specifically designated arbitration rules for interim measures and its time,subject,content and implementation.It is not only the one of the biggest innovations of this rule,but provides reference for relevant legislation in our country.Accordingly,based on the introduction and analysis of Free Trade Zone Arbitration Rules,the author explains the theory of interim measures and proposes some suggestions to Free Trade Zone Arbitration Rules.This paper mainly includes four parts.The first part explains the theory of interim measures in international commercial arbitration.Firstly,the author discussed the concept of interim measures.By comparing the arbitration rules of relevant institutions such as the Model Law and UNCITRAL Arbitration Rules,the authors determined the titles of provisional measures in this paper.Meanwhile,the author also summarizes the definition of interim measures in international commercial arbitration.Secondly,the author analyzes the characteristics and functions of interim measures.These two belongs to the basic elements of interim measures.Introduces the establishment of Shnghai Freetrade Zone and the characteristics of interim measures in Free Trade Zone Arbitration Rules.It includes six characteristics such as expanding the subject scope for implementing interim measures and category of interim measures,increasing pre-arbitral interim measure,and increasing emergency arbitral tribunals.The second parts studies the international commercial arbitration rules and analyzes the advantages and disadvantages of the three mode of the interim measures as well as the reasons why the author support arbitral tribunal dominated principles.Meanwhile,based on the analysis of application requirements for interim measures in commercial arbitration and combined with Model Law and relevant regulations of Germany and Britain as well as the materials' summary,the author summarizes the four conditions of this application,The next three part elaborates the most important point of this paper,namely,some problems in Free Trade Zone Arbitration Rules.The author analyzes it according to the status of legislation and judicial practice.If the free trade area arbitration institution only pursues the so-called "internationalization" and does not converge with the current Law of Civil Procedure and the Arbitration Law,which will lead to a series of legal theories and implementation problems.As a result,it cannot quickly and accurately protect the legitimate rights and interests of the parties.Therefore,the author discusses these problems in detail.The last part continue to discuss how to reform and improve Free Trade Zone Arbitration Rules.Based on the the defects of the legislation and judicial practice of the Free Trade Zone Arbitration Rules,and the improvement of the system of interim measures,the author proposes some suggestions for improving the Free Trade Zone Arbitration Rules.