Applicable Laws and Standards for Interim Measures in International Arbitration

Abstract

This Note examines the grant of interim measures in international arbitration by focusing on the various processes and ways a party would have to comply with or consider when trying to obtain an interim measure. The current debate on the appropriate forum, the applicable law and standards that the tribunal should apply has made the discussion more interesting and invigorating. This has led to calls by some commentators that the regime should be harmonized and a transnational principle that will guide stakeholders should be evolved. This Note considers the power of the court or the arbitrator to order interim measures. It also looks at the ways the applicable law and standards can be ascertained as well as the sources of the applicable and standards, as provided by various arbitral rules (ad hoc and institutional) as well as the evolving transnational principles of law. It concludes by stating that until the harmonization of the various regimes governing the grant of interim or provisional measures is achieved, national laws of the place of arbitration and the place of enforcement cannot be completely excluded from international arbitration and the dreams of a transnational regime will only remain aspirational.