| Abstract [eng] |
Temporary protection and proof measures may be required to be applied not only during the court process, but also during the arbitration proceedings. Differently from the state court, which operates as government institution, the arbitration court is consisted of private persons. Therefore, competency of those both subjects of applying the measures mentioned is different. According to commercial arbitration law of Republic of Lithuania, arbitration court can apply only one temporary protection measure. Meanwhile, when we talk about measures to ensure evidence, given orders by arbitration court to person are not mandatory. Seeking to ensure that parties during the arbitration proceedings would be able to make use of the same procedural laws as in court, even if arbitration agreement is made parties do not lose the right to appeal to court with request for applying temporary protection and evidence ensuring measures not only until the beginning of arbitration examination, but also during the examination. In the masters work the following topics are analyzed: relation of arbitration and state court in applying temporary protection and evidence ensuring measures, methods of modification and termination of temporary protection measures, execution order of awards made by arbitration court concerning temporary protection and evidence ensuring measures. In analyzing the topics mentioned, it is mainly focused on UNCITRAL Model Law on International Commercial arbitration, commercial arbitration law of Republic of Lithuania and project of commercial arbitration law of Republic of Lithuania. |
