Reconstruction of China's Law on Interim Measures for Arbitration

Abstract

China's law on interim measures for arbitration has lots of flaws such as prohibiting arbitral tribunals from issuing this type of orders, no express provisions for the people's courts to enforce those tribunal-ordered provisional remedies, and no explicit rules for parties to seek directly conservatory measures from the people's courts. The best method for overcoming the flaws abovementioned is to revise the Arbitration Act to facilitate the users to apply. In the forthcoming revised Arbitration Act,in terms of the types of interim measures issued by arbitral tribunals, China should not allow preliminary orders and shall enact certain conditions like urgency for those interim measures other than evidential matters. China should also construct the norms of people's courts' enforcement of interim measures issued by arbitral tribunals and improve the rules for the peoples' courts as the subject issuing conservatory measures.