上海自贸区仲裁临时措施制度的思考

Abstract

With the low cost, the finality and high security, International commercial arbitration has become the main means to solve international trade and investment disputes. However, due to the weak coercion of arbitration, thinking about how to guarantee the conduct of arbitration has become an important issue which affect the validity of arbitration, thus, the interim measures become the irreplaceable key of international commercial arbitration. <The Arbitration Rules of The China (Shanghai) Free Trade Area> set rules about interim measures, which is in line with international practice. In the promotion of institutional innovation and boosting the development of the free trade area is of great significance, but thinking the arbitration rules of the free trade area slightly, due to the lack of regulations and fuzziness, we may face many difficulties in the future, such as ineffective enforcement of decision making, double security and the “nullity” of the emergency tribunal. Therefore, it is necessary to conscientiously learn international experience in the future, combining with the work practices of the FTA, creating a rules based international arbitration system. The article first introduced the meaning, character, type and function of the system of interim measures in international commercial arbitration, and then introduced the system from both the issue and enforces of the interim measures. Also, comparing the rules of interim measures in SFTZ and other areas. Finally, the article discussed the practice of the interim measures in SFTZ, that is, from the introduction of the system to the construction of the relevant extension system, such as the extension of the interim measures, the introduction of the emergency arbitration tribunal system and the permission. In addition, it can not be neglected that many difficulties and challenges will be faced in the construction of FTA arbitration rules, such as implementation of the tribunal’s power of decision, the vagueness of the security and the connection between the emergency tribunal and other institutions.