Research On Interim Measure In International Commercial Arbitration

International commercial arbitration is a previled ways to deal with cross-border commercial disputes.Because of its incomparable advantages such as quickness and autonomy,the way to resolve commercial disputes through arbitration is very popular in the commercial field.The application of interim measures is an important aspect of international commercial arbitration.Its application is closely fits the reservation of arbitration,the intensive inspur to prompt the process.The provisional measure in China are relatively simple,and can no longer adapt to the rapidly developing practice of international commercial arbitration.The content of the system of interim measures needs to be improved and supplemented.There is still a large gap between China and developed countries in this regard,and the problem of achieving international integration has to be changed.With the development of China’s arbitration system today,it is necessary to continue to enrich the theory and practice of the system of interim measures on the basis of revising the Arbitration Law.the UNCITRAL revised its model law in 2006,since than,more and more attention at home and abroad.The promulgation of the China(Shanghai)Pilot Free Trade Zone Arbitration Rules in 2014 and the CIETAC Arbitration Rules in 2015 has made bold innovation and exploration in the system of provisional measure witch are arranged by international commercial arbitration.The Ministry of Justice issued the Draft for Comments on the revision of the Arbitration Law on July 30,2021.This Draft for Comments has systematically revised the relevant contents of interim measures in the Arbitration Law.Among them,the two articles that originally provided for property preservation measures and evidence preservation measures are expanded into one section,namely,Chapter IV,Section III,Interim Measures,Articles 43 to 49,a total of seven articles,which are consistent with the development trend of the provisional relief.On the basis of the revision of the Arbitration Law,China should make key breakthroughs in the light of the problems emerging in the practice of international commercial arbitration in China with the goal of enhancing the enforceability of interim measures.This thesis consists of five sections: The first section is about basis theory,which mainly tells the source of this study,the significance of the research,the current research status of provisional measures,and the academic methods and innovations of this thesis;The second section is an overview,which introduces the basic theory of interim measures in both domestic and international practice,mainly involving the concept,type,nature of interim measures and the current institutional innovation of interim measures in China,and introduces the application of interim measures in the field of international commercial arbitration;The third section is the extraterritorial investigation of provisional measures.It compares and analyzes the relevant legislation and practical experience of interim measures in the extraterritorial area,and examines the aim of these stresses in civil law countries represented by Germany,Switzerland and Sweden and the Anglo-American law countries represented by the United Kingdom and the United States;The fourth section is the dilemma of the application of provisional measures in China.From the perspective of legislation and practice,it analyzes and points out the problems and difficulties in the relevant legislation and implementation of interim measures in China’s commercial arbitration;The fifth part is the solution to the dilemma of the application of interim measures in China’s international commercial arbitration.On the basis of summing up the extraterritorial experience of the third part,this part puts forward targeted suggestions and opinions that are helpful to break through these difficulties in view of the problems and difficulties pointed out in the fourth part.