Granting and Enforcing Interim Measures in International Commercial Arbitration in Bosnia and Herzegovina

Abstract

Interim measures are an important tool in international arbitration when there is a threat that the opposing party will cause irreparable harm to the requesting party. For an interim measure in international arbitration to be effective, a certain level of cooperation between the competent state court and the arbitral tribunal is needed. Regardless if the interim measures are ordered by the arbitral tribunal or the state court in support of the arbitration proceedings, they need to be enforced by the state courts. This paper analyses the possibility to interpret the national legislation of Bosnia and Herzegovina, as well as the applicable international conventions, more broadly to provide for effective interim measures in international arbitration on the territory of Bosnia and Herzegovina. A comparison to the national legal systems of Croatia, Serbia and Slovenia is conducted with the aim to find appropriate solutions for the interpretation by the state courts of Bosnia and Herzegovina.