Summary

The articles on provisional relief in the UNCITRAL amendments to the Model Law on International Commercial Arbitration and the AAA ICDR Rules were recently amended within a couple of months of each other and both reflect state-of-the-art thinking of academics and practitioners in the field of international arbitration. Yet the Model Law and ICDR Rules diverge with respect to critical features of the interim remedies available, including whether relief may be granted prior to the appointment of a panel, whether relief may be granted on an ex parte basis, the evidentiary showing to ...