Research About The Power-concurrent Mode Of Deciding Power Of Interim Measures In Arbitration In China

The interim measures is an essential link in the international commercial arbitration system.It is of great significant to the smooth progress of the arbitration procedure,the final enforcement of the arbitration award and the protection of the interests of the parties.Looking at the arbitration legislation and the arbitration practice of various countries,the power-concurrent mode that the arbitral tribunal and the court share the power to decide interim measures is the developing tendency of the international commercial arbitration nowadays.However,China not only has rough legislation on interim measures,but also stubbornly persist in the mode of the court-subsidiary mode on interim measures.In this mode,the court excessively interferes with arbitration procedure,which leads to a low possibility of enforcing interim measures and is not conducive to protecting the interests of the parties.The development of Chinese international commercial arbitration is in a difficult position.Therefore,it is necessary to transform the court-subsidiary mode into the power-concurrent mode and perfect the legislation of:interim measure.This paper mainly introduces the power-concurrent mode,analyzes the reasons for adopting the power-concurrent mode in our country and puts forward some suggestions for constructing the power-concurrent mode that suits for China.This article is divided into three parts.In the first part,through looking at the arbitration legislation,arbitration rules and international convention on interim measures,we can understand the legal basis of the arbitral tribunal and the court,and the current situation of the jurisdiction division between the arbitral tribunal and the court in the interim measures area.In the second part,analyze the problem and adverse effects existing in the court-subsidiary mode between the power-concurrent mode.To discuss the necessity of adopting the power-concurrent mode from the realistic situation.In the third part,set out from the national conditions of our country,draw lessons from the foreign excellent arbitration legislation,design a suitable decision-power mode of interim measures for our country,and proposes to make clear the criteria for determining the interim measures of arbitration in our country.Then,enrich the types of interim measures of arbitration in our country and perfect the procedure of determining interim measures of arbitration in China.