The Research Of The Interim Measures Of Arbitration Rules In China’s Free Trade Area

In today’s world,the external environment is not conducive to the development of trade and investment liberalization,and the outstanding problems is the gradual rise of trade protectionism.Therefore,exploring a new path for the development of trade and investment liberalization is needed.In the course of exploring the development of trade and investment liberalization,China adheres to the guiding ideology of the belt and road foreign economic development strategy,deepens the reform further,and promotes multilateral and regional trade negotiations to expand the international market.During this process,one of the most prominent measures is to vigorously build pilot free trade zones and create a new mode of reforming and opening up.Until now,China has established 11 pilot free trade zones.The establishment and operation of pilot free trade zones have attracted a large number of domestic and international investment,and international economic and trade exchanges have been increasing,which also brings a large number of international civil and commercial disputes at the same time.Only by solving these disputes properly,the healthy development of pilot free trade zones can be guaranteed,and the most effective way to solve these disputes is arbitration.The effective settlements of these disputes by arbitration depends on the smooth conduct of the arbitration proceedings and the practical implementation of the final verdict.In order to conduct the arbitral proceedings smoothly and implement the final verdict,advanced interim measures must be accompanied.However,the interim measures of China’s current international commercial arbitration system is relatively backward,and can not meet the practical needs of solving international civil and commercial disputes in pilot free trade zones.Therefore,many pilot free trade zones have carried out some beneficial exploration on the system of interim measures.This paper reviews China’s current interim measures system,analyzes the existing problems and finds the gap between China’s interim measures and relevant international commercial arbitration interim measures.Based on these materials,the author puts forward some suggestions on the improvement of China’s interim measures system,so as to enhance China’s right to formulate in the international commercial arbitration system,and further promote the healthy development of China’s pilot free trade zones.Except the introduction and conclusion,this paper is divided into four parts:The first part,the fundamental principles of the interim system.First of all,it emphasizes the significance of establishing pilot free trade zones.The establishment of pilot free trade zones promotes the development of China’s economic and trade,but also brings a lot of commercial trade disputes,these disputes may be more professional and complex,and the settlement of these disputes need arbitration,this dispute resolution mechanism,to play an important role.In order to guarantee the proceeding of the arbitration procedure and the actual execution of the final verdict,the system of interim measures in the arbitration rules needs to play an important role.The second part,the current situation of China’s pilot free trade zones arbitration on the system of interim measures and the existing problems.In order to ensure that the arbitration rules play a more active and effective role in the settlement of civil and commercial disputes in pilot free trade zones,in practice,there are several representative arbitration institutions modifying or formulating arbitration rules to adapt to the developments of pilot free trade zones,but some problems still need to be solved.The third part discusses the extraterritorial investigation of interim measures.The extraterritorial investigation of interim measures mainly focuses on the three parts,the kinds of interim measures,the publishers of interim measures and the implementation of interim measures,to put forward suggestions for improving interim measures in China’s pilot free trade zone arbitration.The fourth part,the perfect proposal of interim measures in China’s pilot free trade zone arbitration.Although there are adapted arbitration rules in practice to meet the new requirements,many problems,for example,the lack of proper system in China’s civil procedure law and arbitration law,still need to be further solved,in order to deal with the settlement of disputes in pilot free trade zones and also play an exemplary and guiding role for other free trade area where interim measures have not been formulated.