A Continuing Trend Towards Emergency Rules
Article from: TDM 4 (2012), in CILS - Biennial Symposium on International Arbitration and Dispute Resolution
Though arbitral tribunals can typically order interim or conservatory measures, this is not possible, if the arbitral tribunal is not yet in place. Before the arbitral tribunal's constitution the only possibility to obtain urgent interim relief has traditionally been to turn to the national courts. However, this option might not prove satisfactory for the parties, since the procedure to receive interim relief from state courts can be time- and cost-consuming. Thus, international arbitration was often criticized for not providing an effective mechanism, which grants interim relief at the ...