Research On The Enforcement Of Interim Measures By Emergency Arbitrators In International Commercial Arbitration

As an emerging system,the emergency arbitrator system has received widespread attention in the international commercial arbitration.However,whether the respondent can apply for enforcement when the respondent does not take the initiative to perform the emergency arbitrator’s provisional measures has always attracted attention.As a special commercial arbitration interim measure,the emergency arbitrator’s interim measure not only has the characteristics of ordinary interim measures such as urgency and interim,but also has its own unique characteristics,such as time advance,implied application,retention of judicial relief rights,etc..This paper uses comparative analysis research methods to examine the arbitration rules of various international commercial arbitration institutions,and explores the key legal issues faced in enforcement by comparing their provisions on temporary measures for emergency arbitrators.Through research,it is found that legal obstacles are mainly reflected in legislation or arbitration rules.There are often no clear regulations on the legal status of emergency arbitrators,the legal nature of emergency arbitrators ’interim measures and the legal basis for their implementation.In order to solve the above problems,we should first analyze the theory of the legal status of emergency arbitrators,including the affirmative theory and the negative theory.After research,it is determined that emergency arbitrators should be given the same legal status as the arbitration tribunal;secondly,the interim measures made by emergency arbitrators,regardless of their title,have the same nature—temporary and substantial impact in the time dimension Last but not least,support the expanded interpretation of the award under the New York Convention and enforce it on the basis of the New York Convention;finally,the emergency arbitrator’s interim measures can meet the urgent needs of the parties and ensure the smoothness of the final award For the important significance of enforcement,whether it is based on procedural justice or economic benefits,the emergency arbitrator’s interim measures should be enforced.Singapore,Hong Kong of China,and other countries or regions clearly stipulate that emergency arbitrators can be enforced at the legislative level.This article uses empirical research methods to analyze current typical cases of intraterritorial enforcement;when it comes to extraterritorial enforcement,analyzes the "New York Convention" Applicability and positive and negative cases in judicial practice are considered to be enforceable by the courts of the contracting states in accordance with the New York Convention.Analysis shows that in China ’ s current legislation and practice,the main problems of the emergency arbitrator system are: the arbitration tribunal’s power to issue interim measures is absent,the law of emergency arbitrators is unclear,and the legal basis for the implementation of interim measures is lacking.In order to solve the above problems,my country’s relevant legislation on the implementation of interim measures should be improved,and at the same time,the principle of reciprocity should be adopted in the implementation of interim measures to remove legal obstacles to the implementation of emergency arbitrators and improve my country’s emergency arbitrator system.