Study On The Implementation Of Interim Measures Issued By Emergency Arbitrators

The emergence of the emergency arbitrator system makes up for the situation that the parties can only apply to the court for interim measures before the formation of the arbitration tribunal,and at the same time has the advantages of traditional arbitration such as confidentiality and flexibility.With the prosperity of commercial transactions around the world,this system provides listed entities with a more convenient choice than traditional methods when they need emergency relief,so it is more and more favored by the parties.Today,major arbitration institutions in the world have incorporated emergency arbitrator procedures into the arbitration rules,and the number of emergency arbitrator cases accepted by various institutions is also increasing.However,with the wider application of the emergency arbitrator system,the implementation of this system has begun to face obstacles.The implementation of the interim measures issued by emergency arbitrators has become an urgent problem in the development of the economic arbitrator system.Since its signing,the "New York Convention" has made outstanding contributions to coordinating issues arising in international commercial arbitration and promoting the development of international arbitration.It is also the most widely applicable arbitration convention in the world.However,in view of the background of the time when the New York Convention was drafted,neither the interim measures system nor the emergency arbitrator system developed later was reflected in it.In view of the lack of a unified path for the cross-border implementation of interim measures in the world,can it be adopted? The "New York Convention" to implement the interim measures issued by emergency arbitrators has aroused widespread discussion in the academic community.The law is not self-defeating.After all,the law must be implemented and implemented before it can produce tangible effects.However,the implementation of interim measures is still caused by differences in various countries.Since the introduction of the emergency arbitrator procedure,my country has also faced interim measures.Issues and implementation issues.This article is divided into four parts.The first part first defines several concepts involved in the emergency arbitrator system: emergency arbitrator system and interim measures.Secondly,it analyzes the background of the emergency arbitrator’s release system,which can avoid the need to apply to the court and lead to violations of the parties’ idea of resolving disputes through arbitration procedures.It also makes up for the time consumption and rights of waiting for the formation of the arbitration tribunal.Risk of violation.Emergency arbitrators can take interim measures to prevent loss of evidence,transfer of property,and destruction,and prevent certain possible damages to the execution of future awards and the rights and interests of the parties.Then he pointed out that there are difficulties in the implementation of the interim measures made by the emergency arbitrators.The second part mainly introduces the current "New York Convention" and "Model Law",two legal documents related to the implementation of interim measures.In addition,it analyzes the outstanding experience and legislative models of Singapore,Chinese Hong Kong and other countries in the implementation of interim measures,and summarizes the current attitudes of countries（regions） in the world towards the implementation of interim measures issued by emergency arbitrators.The third part introduces that the implementation of the temporary measures issued by emergency arbitrators is still based on conscious implementation.At the same time,the issue of the form and finality of the rulings that are more intensely controversial when the New York Convention is used as the basis for implementation is introduced.The nature of emergency arbitrators was also discussed.The fourth part explains our country’s existing legislation and arbitration rules,and introduces the three emergency arbitrator procedure cases currently accepted by our country.Finally,suggestions are made for the improvement of our country’s emergency arbitrator system.Our country should write the emergency arbitrator system into the law so that this system can be reflected in our law and can be better protected.Specifically,my country needs to add relevant content related to the implementation of the emergency arbitrator and emergency arbitrator system in the law to break the blank phenomenon of this system in my country’s law.Second,we should transform our country ’ s long-standing thinking on the status of judicial organs,actively integrate into the current global economic development,recognize the arbitration system,strengthen courts’ support for arbitration,and reduce the burden on courts at the same time.Entrusting the arbitration tribunal with the power to make interim measures and clarifying the status and responsibilities of emergency arbitrators in the law is not only conducive to the implementation of the interim measures made by emergency arbitrators,but also makes the operation of the emergency arbitrator system in our country lawful.In order to solve the problem of cross-border enforcement of interim measures issued by emergency arbitrators,the "New York Convention" should be used to make the emergency arbitration measures recognized and implemented through expanded interpretation of the Convention.In addition,my country’s arbitration institutions should also learn from other countries’ useful experience in the implementation of interim measures issued by emergency arbitrators,and further improve the arbitration rules,such as strengthening the punishment for non-implementation of interim measures.