| Abstract [eng] |
Interim Measures in Arbitration Proceedings There is a consensus among researchers that one of the main objectives of the parties in the arbitration agreement is to resolve the dispute fairly, confidentially and, most importantly, effectively, i.e. that the decision of the arbitral court could be enforced. This aim could be achieved through the interim measures, which act as procedural safeguards to preserve the assets, evidence or the jurisdiction of the arbitral court itself. Interim measures in arbitration may be sought in two forums: arbitration court or national state court. The three main chapters of this thesis analyze the three main models of application of interim measures in these forums and problems arising within each of them. The first model corresponds to states where all interim measures may be issued by an arbitrator. This chapter determines in which forum (state court or arbitration court) party ought to seek interim relief. As regards to the second model, according to which arbitrators have limited ability to issue interim measures, the balance between the right of national courts to issue interim measures and autonomy of arbitrators is analyzed. The third model, where the issuance of interim measures are left exclusively to the national courts of the state, sets the ground for the analysis of the importance of purely judicial interim measures in aid of arbitration. |
