Do the national courts have jurisdiction to deal with procedural issues arising during an arbitration?
In general, the Courts do not have jurisdiction to interfere with arbitration proceedings although the Courts may refuse to enforce an arbitral award in certain circumstances where there is a procedural irregularity (see below, “What is the approach of the national courts in China towards the enforcement of arbitration awards in practice?”). Preliminary Relief and Interim Measures Under the governing law, is an arbitrator permitted to award preliminary or interim relief? If so, what types of relief? Must an arbitrator seek the assistance of a Court to do so? Under the PRC Arbitration Law, only the Court has the power to grant interim relief. In general, interim relief granted by the Court can be divided into two categories: interim property protection measures and interim evidence protection measures (see Articles 28, 46 and 68 of the PRC Arbitration Law). Interim property protection measures comprise attachment, sequestration, freezing, sealing up and provision of security. Under Arti
