Provisional and Emergency Measures in International Arbitration

Elgar Arbitration Law and Practice series

Edited by Julien Fouret, Partner, International Arbitration and Public International Law, Eversheds Sutherland, Paris, France

复杂性的增加length of international arbitration procedures has resulted in a growing demand for both provisional and emergency measures to facilitate the preservation of the parties’ rights until a final award is rendered.

In Provisional and Emergency Measures in International Arbitration, Julien Fouret has brought together many of the leading international arbitration practitioners to examine this highly topical subject.

‘The book features contributions by the most experiences practitioners in the field, covering issues ranging from the source of the arbitrators’ powers to issue interim measures (in the silence of the lex arbitri or the arbitration agreement, do arbitrators have implied or inherent powers to make these decisions?) to the interplay between the arbitrators and the judge’s powers (does an arbitration agreement prevent the parties from seeking judicial remedies? Is the situation different before or after the arbitration?) and the nature of the relief sought (Substantive? Obligation not to do? Injunction to perform? Preserving evidence? Are there limits to the Eagle’s flight of interim measures? What about anti-suit-injunctions? Security for costs?). It analytically deals with the applicable standard for the granting of interim measures under different laws and arbitration rules (prima facie case, risk of irreparable harm, preserving status quo, proportionality, etc…), as well as many complex procedural issues, some of which are still hotly debated, such as whether arbitrators should entertain ex parte applications) to conclude with an in-depth analysis of their enforcement as well as their specific aspects in the realm of investment arbitration. The book, because of its quality, its international breadth and the range of questions it covers, is an invaluable contribution to our practice and it will soon become an indispensable tool for any arbitrator, counsel or student of academic dealing with matters which importance for international arbitration cannot be overstated.’
– Alexis Mourre, MGC-Arbitration, France

‘The first of its kind on the subject, this comprehensive and detailed treatise will ensure that practitioners and arbitrators alike are equipped with the most effective tools on how and when to employ and enforce interim measures in international arbitration.’
– Claudia Salomon, President, ICC International Court of Arbitration