Enforcement of arbitrator-granted interim measures in Russia and China: challenges and reflections

Arbitration is the preferred method for resolving international commercial disputes in today's world. Interim measures play a key role in the arbitration process, because they may directly determine whether parties will ultimately obtain effective remedies. This article explores the enforcement mechanisms of interim measures granted by arbitrators in international commercial arbitration, with a particular focus on Russia and China. It first discusses how arbitrator-granted interim measures are enforced in pro-arbitration jurisdictions. It then examines the present practices and challenges in Russia and China, by evaluating the relevant procedural nuances, legal obstacles, and judicial jurisprudence in both countries. The article ultimately argues that Russia and China should learn from international best practices and improve their arbitration laws accordingly. Such reforms will not only enhance the two countries’ arbitration legal frameworks significantly, but will help ensure that the entire international commercial arbitration system can benefit from a more harmonised and effective interim measure mechanism, so that it will continue to safeguard the world's economic development. In addition, the analyses in this article will provide an excellent opportunity to reflect on the impact that political factors may have on arbitration and will contribute to the further advancement of comparative law theory and schohlarship.