Enforceability of Interim Measures ordered by Arbitral Tribunals: The Issue and Possible Remedies in International Commercial Arbitration

Abstract

The author in this paper has tried to bring forth the theoretical concept, the practical problems and best international practices for enforcement of interim/provisional measures (in some cases interim award) by arbitral tribunals and national court of competent jurisdiction. This paper dwells into the idea of what constitutes best international practices in international commercial arbitration sphere which leads parties to the arbitration proceedings to opt for enforcing interim measures either by arbitral tribunals, whose measures against securing interim rights needs to be legally enforced by and realised by the court at the seat of arbitration, which leads to more time, expense and in some cases, frustration of rights of the applicant and holder of interim remedies against enforcing interim measures straight away by the court at the seat of arbitration which holds more sanctity and holding in law and enforcing and binding on the arbitral tribunals to secure the interim applicants rights. This paper has critically analysed the practical problems associated with enforcing parties interim measures by arbitral tribunals and the national courts vide the triple identity test/three-test approach of enforcement of interim measures. At last, the author has discussed the pros and cons of enforcing such interim measures under the light of the New York Convention with the help of case laws leading to enforceable and non-enforceable interim measures.