Research On The Interim Measures Of International Commercial Arbitration

Judicial relief is a symbol of fairness and justice,but at the same time,it also has a lagging weakness,which makes interim measures a crucial means to reconcile this contradiction.Interim measures system contributes to making up the disadvantages of hysteresis of lawsuit and arbitration,it can effectively protect the lawful rights and interests of the parties.Interim measures serve as an effective supporter for the legal process,protect the validity of the law results and impartiality.Arbitration,as one of the dispute resolution mechanisms,has become the mainstream dispute resolution in international trade.In international commercial arbitration,parties to arbitration come from different countries,the dispute is relative complex and the process usually continue a long-time.Even in some cases,whether the parties can acquire interim measures protection or not decides them gain effectively arbitral decision.Nowadays,international commercial arbitration has reached consensus in many systems,but arbitration legislations in various countries and arbitration rules in different arbitration institutions still have considerable differences and disagreements on interim measures problem.With the increasing use of provisional measures,the realistic problems are also increasingly revealed.In this context,this paper regarded the interim measures of international commercial arbitration as the research object.Firstly,carried on the theoretical study,including the definition,classification and function,and comparation to the interim measures in lawsuit.Secondly,the paper studied the general legal issues of interim measures of arbitration,analyzed the jurisdictional disputes of interim measures,the power basis of the arbitral tribunal issuing interim measures and the application procedures of the parties.Then,analyzed overseas implementation's authority foundation,obstructive factor of interim measures,and by introducing the legislation practice of several major countries and regions,put forward relevant optimized proposal to arbitration rules.The last part of the article showed that current situation and drawback of international commercial interim measures in the legislation and new development and deficiencies in arbitration rules of commercial arbitration,combined with the content in the previous chapter,illustrated the enlightenment on the interim measures for China.Through the theoretical and practical studies of arbitration interim measures,discussed under the situation of no special international convention,countries and regions should choose what kind of legislative model and legislative direction,so that the arbitration interim measures can be effectively released and be feasible to overseas implement,to give play to actual benefits of interim measures.Meanwhile,the author analyzed some revelation from the development of the provisional measures system of China,to help China catch up with the international trend in the system area.