The Research About Interim Measures Of International Commercial Arbitration

International Commercial Arbitration has been the most popular dispute settlement in recent years,especially its interim measures procedure plays a great functional and significant role in international commercial arbitration.However,issues still there in international commercial arbitral practice,the first issue is about the distribution of the publish power of interim measures between court and arbitral tribunal;the second issue is about the extraterritorial recognition and enforcement of interim measures;the third issue is about the priority and repeatability between the emergency arbitrators procedure and court interim measures.After analysis and reflection,the answer was made: the first answer is that the Court-Subsidiary-Model which provides arbitral tribunal prior power and demands assistant from court for arbitral tribunal should be applied;the second answer is that propose solutions from two perspective of the current international law framework and future expectation for the extraterritorial recognition and enforcement of interim measures issue;the third answer is that guide by the “insist independent statute of arbitration” spirit,solve the priority and repeatability issue with legislation system.Considering that the current interim measures legal stipulation of China not only possess the common defect of international commercial arbitration but also possess the China distinctive historical defect,based on the China reality and combine the analysis conclusions,author put forward three solution for the improvement of interim measures legal stipulation of China.The first solution is change the publish power mode of interim measures and provide the arbitral tribunal power to publish interim measures;the second solution is establish the extraterritorial recognition and enforcement institution of interim measures;the third solution is affirm the Emergency.Arbitrator Procedure and clarify the relation with court interim measures.