Abstract

Based on the judicial policy supporting the development of international commercial arbitration and following the international development trend, China has not only introduced the emergency arbitrator system into the arbitration rules of arbitration institutions, but also intends to make breakthroughs in legislation - the Arbitration Law (revised draft), issued by the Ministry of Justice on July 30, 2021, adopted interim measures as a new special section and introduced the emergency arbitrator system. Although some arbitration institutions in China have made breakthrough attempts for the emergency arbitrator system, it is still new in China so that its provisions and application remains in the superficial stage. Therefore, this article will take China’s Arbitration Law (revised draft) as the background and combine with the provisions of arbitration institutions headquartered in mainland China on the emergency arbitrator system to discuss the construction and rule design of the emergency arbitrator system in China.

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