Please note: In order to keep Hive up to date and provide users with the best features, we are no longer able to fully support Internet Explorer. The site is still available to you, however some sections of the site may appear broken. We would encourage you to move to a more modern browser like Firefox, Edge or Chrome in order to experience the site fully.

Provisional Measures in International Commercial Arbitration, PDF eBook

Provisional Measures in International Commercial Arbitration PDF

Part of the International Arbitration Law Library Series Set series

PDF

Please note: eBooks can only be purchased with a UK issued credit card and all our eBooks (ePub and PDF) are DRM protected.

Description

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:

  • - scholarly analysis of the problems and uncertainties surrounding provisional measures, and their solutions in light of arbitral and judicial practice;
  • - the complex interaction of historical prejudices, political will, and business needs that impact the usefulness of provisionai measures;
  • - choice of forum to seek provisional measures and the problems associated with such choice;
  • - complementary mechanisms to arbitration for interim protection of rights;
  • - standards on principles and procedures for the grant of provisional measures; and
  • - 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 an important need for user-friendly and complete practical coverage of provisional measures in international commercial arbitration. It will be of great value to corporate counsel, international lawyers, and business people, as well as to students of dispute resolution.

Information

Other Formats

Information