论文部分内容阅读
随着经济全球化的不断加深,国际交往也日益密切,随之而来的贸易纠纷也日益增多,但由于此类商事案件的国际性,如果通过法院处理此类案件则需要考虑的因素有很多,如管辖法院,冲突规则的选择,准据法的确定等等,而这些因素又极易引起矛盾冲突,因此在国际交往中如果当事人之间产生商事争议,处于经济以及时间的考虑往往会选择仲裁来定纷止争。在国际商事仲裁过程中的临时措施又是非常重要的一个环节,但目前我国关于这方面的立法滞后,与国际脱轨,因此,笔者欲从国际上关于临时措施的不同的立法与司法模式、与我国的比较分析、以及为什么要解决这一问题,它的理论价值和实践价值在哪这三方面来论述这个问题。
With the continuous deepening of economic globalization, the international exchanges are also getting closer and the trade disputes that follow are also increasing. However, due to the international nature of such commercial cases, there are many factors that need to be considered in handling such cases through the courts , Such as the jurisdiction of the court, the choice of conflict rules, the determination of the applicable law, etc., and these factors can easily lead to conflict and conflict, so in international exchanges, if there is a commercial dispute between the parties, in economic and time considerations tend to choose Arbitration to set the dispute. The interim measure in the process of international commercial arbitration is a very important step. However, at present, our country lags behind the legislation in this area and derailed the international community. Therefore, the author wants to draw from the different legislative and judicial modes of international interim measures, The comparative analysis of our country, and why it is necessary to solve this problem, its theoretical value and practical value in which the three aspects to discuss this issue.