Interim Measures in China Arbitration

The tribunal may ask — a people’s court still usually issues the freeze that banks obey.

For Mainland-seated arbitration, parties typically apply to a competent people’s court for preservation of assets or evidence, sometimes via the institution. Emergency-arbitrator and court-aid practice for foreign-seated cases is narrower and treaty-sensitive (Hong Kong has a dedicated arrangement). A CIETAC letter is not a bank freeze. This page is arbitration-aid measures. Do not skip the court step because the clause says ‘arbitration’.

The classification screen

4 questions before you choose the route.

This page identifies the right question and evidence. It does not determine the legal outcome on a reader’s facts.

Seat and institution?

Mainland vs HK vs foreign.

Seat

Asset or evidence?

Different court tools.

Kind

Apply via institution or direct to court?

Current rules.

Path

Security?

Same as litigation preservation.

Security

Working rule: For Mainland-seated arbitration, parties typically apply to a competent people’s court for preservation of assets or evidence, sometimes via the institution.

What changes the answer

The signal ledger.

These facts move the question beyond a label and into a product, money-flow and control analysis.

Signal

Ask the operating question

Why it changes the route

Tribunal order to the bank

Expecting ICBC to obey a CIETAC PDF.

Need a court.

Ignore HK arrangement

Treating HK seat as purely foreign.

Special path.

Broader Dispute Resolution analysis needed

Do the facts extend beyond the threshold Interim Measures in China Arbitration question?

Additional facts can change the Dispute Resolution route, evidence and next step.

Prepare before you escalate

Bring a compact evidence docket—not a pitch deck.

Give a compliance team or counsel the operating facts that reveal the perimeter.

01Arbitration agreement and notice of arbitrationThat a case exists.

02Asset leadWhat to freeze.

03Institution rules on court aidDated.

Common confusions

Questions people ask before they build.

Short answers for orientation. The right result can change with the service model and current rules.

Can CIETAC freeze an account itself?

It can help you apply. The freeze that the bank honours is a court act.

Where is the institution page?

Use the linked specialist resource when Interim Measures in China Arbitration turns on detailed evidence, procedure or risk assessment.

Primary authorities

Reviewed sources support orientation, not a fact-specific assessment.

PRC Civil Procedure Law (NPC)

Supreme People’s Court

Gov.cn

National laws database (NPC)