Commercial and Maritime Law in China and Europe
Chapter 10
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The Interim Measures Mechanism in International Arbitration in China: Law and Recent Developments
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I Introduction
With the gradual implementation of China's “Belt & Road Initiative”, more and more Chinese enterprises have expanded their business overseas, which has led to an increase in disputes between domestic and foreign parties. Moreover, more and more international commercial entities, including Chinese enterprises, are choosing arbitration as a means of dispute resolution. Arbitration has always been preferred by commercial entities as a fast and confidential dispute resolution method. It is particularly important in arbitration where preservatory measures as a “preliminary” procedural relief are available to ensure fairness of the case and effective enforcement of the final arbitral award. The preservation regime in Mainland China concerning cross-border arbitration has developed rapidly in recent years, thus helping the development of international arbitration in Mainland China. This chapter will examine the development of the application for interim measures in aid of arbitration in Mainland China and highlight the differences in practice.