涉华国际仲裁的临时救济问题

Interim awards in International Arbitrations Concerning Chinese Factors

Part I
Enforceability of interim awards.
It is not clear under PRC law.
UNCITRAL Rules /ICC Rules /HKIAC Rules, among others, all make provision for interim measures in arbitrations

Interim awards are temporary measures adopted by the arbitral tribunal prior to the issuance of the final award, usually to preserve certain assets or evidence, or to order a party to take or refrain from certain actions.

The intention is to preserve the status quo until the final award is made.

Key feature:
provisional and temporary subject to amendment or revoking.

Advise: try.

Part II
Interim relief measures in support of domestic arbitration are within the exclusive remit of Courts under PRC laws.

Support of “off-shore” arbitrations: silent with some development

(4) [cases] where preservation [of evidence, property, etc. before or during] arbitration is applied for in accordance with Article 14 of these Provisions, or where revocation or enforcement of an international commercial arbitral award is applied for [in accordance with the same provision]; (Provisions of the Supreme People’s Court on Several Issues Concerning the Establishment of the International Commercial Courts)