Emerging Issues in Arbitration and Some Possible Solutions
ARBITRATION IN A GLOBAL ECONOMY, Yorkhill Law Publishing, 2005
13 Pages Posted: 16 Mar 2012
Date Written: March 10, 2005
A potential problem facing parties in international commercial arbitration is the question of what relief is available when a party needs an urgent ruling on a disputed issue, such as the threatened transfer of assets, prior to the empanelment of the tribunal. This question raises not only the difficulty of whether interim measures are available in an international commercial arbitration, but also, even when interim measures may be available, whether relief is possible before the tribunal has been empanelled. In this paper we discuss the problems parties face in getting interim relief prior to the empanelment of the tribunal and we then discuss some strategies parties may take to reduce these risks.
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