Due to the nature of the arbitration process, provisional measures-especially
interim protection of rights-tend to play a disproportionate role in
international commercial arbitrations. Indeed, the need to clearly define such
measures often constitutes the major stumbling block on the path to an
effective resolution of a commercial dispute.
This concise but enormously useful volume offers practitioners the information
and advice they need to overcome this obstacle in the best possible way every
time. The Author covers all the relevant avenues of research and practice,
from an overview of the concept of provisional measures to an in-depth
analysis of the weight and enforceability of such measures. Along the way the
treatment covers such crucial topics and issues as the following:
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scholarly analysis of the problems and uncertainties surrounding provisional
measures, and their solutions in light of arbitral and judicial practice;
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the complex interaction of historical prejudices, political will, and business
needs that impact the usefulness of provisional measures;
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choice of forum to seek provisional measures and the problems associated with
such choice;
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complementary mechanisms to arbitration for interim protection of rights;
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standards of principles and procedures for the grant of provisional measures;
and
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a comprehensive review of the arbitrators' power to grant provisional measures
and court assistance to arbitration.
The presentation examines, compares, and analyses seventy sets of arbitration
rules on provisional measures (including the arbitration rules of the ICC,
AAA, and LCIA), all of the major state laws on commercial arbitration, and
detailed analyses of numerous ICC and AAA awards, most of which have not been
published before. This new and fully researched book fulfils and important
need for user-friendly and complete practical coverage of provisional measures
in international commercial arbitration. It wil be of great value to corporate
counsel, international lawyers, and business people, as well as to students of
dispute resolution.
Chapter 1. Introduction. Chapter 2. Evolution of Provisional
Measures in International Commercial Arbitration. Chapter 3. Forum to
Seek Provisional Measures. Chapter 4. Emergency Arbitral Provisional
Measures: Complementary Mechanisms. Chapter 5. Arbitral Provisional
Measures. Chapter 6. Weight and enforceability of Arbitral Provisional
Measures. Conclusion.