The enforceability of interim measures granted by an emergency arbitrator in international commercial arbitration

Research output: ThesisDoctoral ThesisInternal

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Abstract

The emergency arbitrator mechanism makes interim measures possible for parties involved in international commercial arbitration before the constitution of arbitral tribunals under urgent situations. However, with the development of the emergency arbitrator mechanism, the enforceability of interim measures made by an emergency arbitrator is questioned. This uncertainty leads to the hesitation of legal practitioners to apply the emergency arbitrator mechanism in practice. The research conducted two comparisons between different arbitration rules and between arbitration laws in jurisdictions. After discussing the legal status of an emergency arbitrator, the legal criteria to render interim measures, the potential barriers for the enforceability, and possible harmonization, it concluded that the interim measures granted by an emergency arbitrator in international commercial arbitration should be enforced and even harmonized through mandatory and non-mandatory methods.
Original languageEnglish
Awarding Institution
  • Maastricht University
Supervisors/Advisors
  • de Groot, Gerard, Supervisor
  • Rammeloo, Stephan, Co-Supervisor
Award date30 Nov 2020
Place of PublicationMaastricht
Publisher
Print ISBNs9789464230819
DOIs
Publication statusPublished - 2020

Keywords

  • emergency arbitrator
  • interim measures
  • international commercial arbitration
  • enforceability

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