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9 Interim Measures of Protection/Emergency Arbitrator Procedures: (Article 23 and Appendix III)

From: A Guide to the CIETAC Arbitration Rules

Jianlong Yu, Lijun Cao

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date: 16 October 2021

Subject(s):
Arbitrators — Expedited procedure — Interim and provisional measures — Arbitration

This chapter addresses the subject of interim measures of protection, including emergency arbitrator procedures. Interim measures provide means to parties to preserve the status quo as between themselves pending the resolution of their dispute. Article 23 of the CIETAC Rules sets forth some general provisions on conservatory and interim measures in the context of CIETAC arbitration, covering such aspects as conservatory measures from PRC Court (Article 23.1), emergency reliefs from emergency arbitrator (Article 23.2), and interim measures from arbitral tribunal (Article 23.3). The interim measures available from the PRC court are limited to three types: evidence preservation; property preservation; and conduct preservation. Meanwhile, contained in Appendix III of the CIETAC Rules are detailed provisions relating to emergency arbitrator procedures.

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