对于国际贸易仲裁中的暂定保护措施的新方法.doc

New Solutions for Interim Measures of Protection in mercial Arbitration: English, German and Hong Kong pared
Jan K. Schaefer (National University of Singapore) >Referendar= (Freiburg). Certificate parative Law (School of Oriental and African Studies, London). Research Scholar (DAAD and Rotary) in mercial Arbitration in Southeast Asia at the National University of Singapore. The author would like to thank Paramjit S. Gill, Singapore for his ments on the draft, whilst acknowledging that any errors or ings remain wholly the author=s.
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Abstract
The new English, German and Hong Kong arbitration legislation has prepared the ground for shifting interim relief to the realm of arbitration. All legal frameworks now address the three main issues that call for solutions in the lex arbitri: the relationship between the courts and arbitration, the arbitrator=petence to grant interim relief and the enforcement of arbitrator-granted interim relief. Two different concepts can be identified underlying the new laws: on the one hand, there is the court-subsidiarity model of England and, on the other hand, the free-choice model of the Model Law, which was adopted and refined by Germany and Hong Kong. England was the first country to adopt an elaborate court-subsidiarity model; Germany the first country to provide for the enforcement of arbitrator-granted interim relief, even if the seat of arbitration is outside Germany. German law gives a unilateral answer to the question of cross-border enforcement of arbitrator-granted relief - a problem that has not yet received a solution in any international enfor