The enforceability of interim measures granted by an emergency arbitrator in international commercial arbitration
The emergency arbitrator mechanism makes interim measures possible for parties involved in international commercial arbitration before the constitution of arbitral tribunals under urgent situations. However, with the development of the emergency arbitrator mechanism, the enforceability of interim measures made by an emergency arbitrator is questioned.
This uncertainty leads to the hesitation of legal practitioners to apply the emergency arbitrator mechanism in practice. The research conducted two comparisons between different arbitration rules and between arbitration laws in jurisdictions. After discussing the legal status of an emergency arbitrator, the legal criteria to render interim measures, the potential barriers for the enforceability, and possible harmonization, it concluded that the interim measures granted by an emergency arbitrator in international commercial arbitration should be enforced and even harmonized through mandatory and non-mandatory methods.
Click here for the full dissertation.
Click here for the live stream.
Also read
-
Professor Anouk Bollen-Vandenboorn appointed Knight in the Order of the Crown
Prof. Dr Anouk Bollen-Vandenboorn, Director of the Institute for Transnational and Euregional cross border cooperation and Mobility (ITEM) at the Faculty of Law, Maastricht University, was appointed Knight in the Order of the Crown on 3 July, during a formal ceremony at the Belgian Embassy in The...
-
ITEM continues: Advancing cross-border cooperation and impact
ITEM enters new phase within UM Faculty of Law from 2025.
-
IGIR seminar series
The IGIR seminar series will be launched after the Summer break. Our aim is to offer a nice and friendly environment for staff members and visiting researchers to present their ongoing research.