In October 2024, in an international arbitration case involving a technology development and service dispute accepted by the Beijing Arbitration Commission/Beijing International Arbitration Center (“BAC/BIAC”), the arbitral tribunal issued an interim measure based on the applicant’s request. This measure was subsequently confirmed and enforced by the Beijing Fourth Intermediate People’s Court (hereinafter the “Court”).
This marks the first case in China where an interim measure issued by an arbitral tribunal was confirmed and enforced by the court through a preservation order, which drew widespread attention in the legal community.
In this case, the Court reviewed and confirmed the interim measure issued by the tribunal, thus optimizing the coordination mechanism between tribunals and courts in matters of preservation. It has been pointed out that this approach substitutes judicial review for direct decision-making authority while substantively confirming the validity of tribunal-issued interim measures, aligning with legislative intent. This development brings China closer to international practice and highlights the pro-arbitration stance of Chinese courts.
As shown in the newly released “2023 Annual Report on Judicial Review of Commercial Arbitration”,Chinese courts handled over 5,100 arbitration preservation cases in 2023, of which more than 4,900 were supported, with a support rate of 95.73%. The high support rate for preservation cases also reflects a clear “pro-arbitration” stance.
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Contributors: CJO Staff Contributors Team
