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临时措施是国际商事仲裁的一个重要保障、有力支柱,实践中,当仲裁庭发布临时措施后执行时通常会遇到各种困难,国际与国内对此执行力采取的态度不一。此种情形极为不利于国际商事仲裁的进一步发展,各国可以通过对比、参照《国际商事仲裁示范法》来修订和完善本国的法律法规,同时修改《纽约公约》来协调各国的立场与做法。我国更应与时代和国际接轨,对涉外临时措施的发布及执行进行调整与完善。
Interim measures are an important guarantee of international commercial arbitration. They are powerful pillars. In practice, arbitration tribunals generally encounter various difficulties in their implementation after interim measures have been promulgated. The international and domestic attitudes toward this execution vary. Such a situation is extremely unfavorable to the further development of international commercial arbitration. All countries can amend and improve their laws and regulations by reference to the Model Law on International Commercial Arbitration by referring to the “New York Convention” and coordinate the positions and practices of all countries. Our country should, in keeping with the times and the international community, make adjustments and improvements to the issuance and implementation of interim measures concerning foreign affairs.