Interim Measures in International Commercial Arbitration: A Discourse in Continued Uncertainty

Abstract

The paper investigates the problem associated with the issue of interim measures in international arbitration, particularly, the power of arbitral tribunals to grant such measures and to enforce them. After an extensive and detailed analysis of various international arbitration rules, conventions and national systems the research finds that there is a great deal of uncertainty and confusion as to the issues underlying interim measures in international arbitration. In addition, national legislations on arbitration need to be clarified and adjusted to international best practices.
 
 One of the main issues which the paper highlights is the limitation on national court’s power to order interim measures. In several cases, it has been recorded that the availability of emergency arbitrator’s provisions under institutional rules may significantly jeopardize the parties’ existing right to seek court-ordered interim measures, which is not in line with what the arbitral institutions had intended upon providing these expediting provisions. Thus, the paper provides suggestions and recommendations towards more certainty in the treatment of interim measures in international arbitration.
 Keywords : Arbitration, Interim Measures, Uncertainty