CiNii Books - Provisional and emergency measures in international arbitration

The increase in the complexity and length of international arbitration procedures has resulted in a growing demand for both provisional and emergency measures to facilitate the preservation of the parties' rights until a final award is rendered. In Provisional and Emergency Measures in International Arbitration, Julien Fouret has brought together many of the leading international arbitration practitioners to examine this highly topical subject. It considers complex issues surrounding the powers of arbitrators to grant provisional relief, categories and examples of such measures, procedural and substantive requirements for ordering an interim measure, the burden and standard of proof as well as issues of enforceability. Each chapter offers a thorough analysis both in commercial and investment arbitration. This important new publication will be beneficial to legal practitioners, academics a as well as arbitrators who want to gain a deeper understanding of both the principles and specific rules on provisional and emergency remedies established under the major arbitral rules and tribunals.

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Contents: 1. Introduction 1 Julien Fouret PART I THE POWERS OF ARBITRATORS TO GRANT PROVISIONAL RELIEF 2 Sources of arbitrators' powers 19 Jose R. Feris and Akash S. Karmarkar 3 Scope and jurisdiction in institutional arbitration rules 40 Jose Ricardo Feris and Akash S. Karmarkar 4 Of the exclusive and/or concurrent jurisdiction with domestic courts - effect of national laws on the arbitrator's powers 63 Michele Sabatini PART II CATEGORIES AND EXAMPLES OF PROVISIONAL MEASURES 5 Anti-suit injunctions and parallel proceedings 93 Affef Ben Mansour 6 Preservation of evidence 107 Swee Yen Koh and Tiong Teck Wee 7 Interim of provisional measures aimed at maintaining the status quo or not aggravating the dispute 136 Christian Albanesi and Mateo Noseda 8 Specific performance of contractual or other pre-existing obligations 168 Matthew Secomb and Clemency Wang 9 Security for costs and claims in international arbitration 193 Samaa A. Haridi 10 Ex parte measures 207 Shaparak Saleh and Etienne Vimal du Monteil 11 Guarantees against the stay of enforcement 228 Patrick W. Pearsall and Craig D. Gaver 12 The arbitral tribunal's power to amend provisional or emergency measures 252 Yasmine Lahlou PART III PROCEDURAL REQUIREMENTS FOR ORDERING AN INTERIM MEASURE 13 Procedural requirements for emergency relief ordered by an emergency arbitrator 270 Anna-Maria Tamminen and Ella Hiltunen 14 Procedural requirements for provisional reliefs ordered by an arbitral tribunal 298 Anna-Maria Tamminen, Isabelle Sundstroem Stridh and Marcus Nyberg PART IV SUBSTANTIVE REQUIREMENTS FOR ORDERING AN INTERIM MEASURE 15 Prima facie jurisdiction 308 Reza Mohtashami KC, Clara Florin and Samhith Malladi 16 Prima facie establishment of a case 331 Olena Perepelynska 17 Urgency 342 Christian Leathley Risk of irreparable harm (necessity or imminent danger of serious prejudice) 363 Noradele Radjai and Anna Korshunova 19 The proportionality requirement in provisional measures 401 Patrick Taylor and Romain Zamour PART V BURDEN AND STANDARD OF PROOF 20 The burden and standard of proof 428 William T. O'Brien and Levon Golendukhin PART VI ENFORCEABILITY AND ENFORCEMENT OF PROVISIONAL MEASURES 21 Enforceability and enforcement of provisional measures 449 Philippe Pinsolle and Thomas Voisin Index

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Provisional and emergency measures in international arbitration

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