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- Publisher Website: 10.1017/9781108633376.011
- Scopus: eid_2-s2.0-85192880000
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Book Chapter: Arbitration Agreement and Interim Measures by Court
Title | Arbitration Agreement and Interim Measures by Court |
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Authors | |
Issue Date | 18-Feb-2020 |
Publisher | Cambridge University Press |
Abstract | Article 9 is concerned with the compatibility of an arbitration agreement in connection with a request for interim measures from the courts (as opposed to such a measure being granted by an arbitral tribunal). The article was discussed under the common ground that pre-arbitration attachments and interim measures applied for or granted by the courts should not be seen as incompatible with an agreement to arbitrate disputes between the parties. At the same time, it was equally clear that the Model Law also ought not to prescribe or exclude any specific rules in relation to the possible measures that may be requested from or granted by a court, with a view to ensuring respect for domestic laws and jurisprudence and its separation from the international arbitral legal system, as well as to provide the maximum extent of freedom to the parties of the arbitration agreement. |
Persistent Identifier | http://hdl.handle.net/10722/355289 |
DC Field | Value | Language |
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dc.contributor.author | Ali, Shahla | - |
dc.contributor.author | Repousis, Odysseas G | - |
dc.date.accessioned | 2025-04-01T00:35:27Z | - |
dc.date.available | 2025-04-01T00:35:27Z | - |
dc.date.issued | 2020-02-18 | - |
dc.identifier.uri | http://hdl.handle.net/10722/355289 | - |
dc.description.abstract | <p>Article 9 is concerned with the compatibility of an arbitration agreement in connection with a request for interim measures from the courts (as opposed to such a measure being granted by an arbitral tribunal). The article was discussed under the common ground that pre-arbitration attachments and interim measures applied for or granted by the courts should not be seen as incompatible with an agreement to arbitrate disputes between the parties. At the same time, it was equally clear that the Model Law also ought not to prescribe or exclude any specific rules in relation to the possible measures that may be requested from or granted by a court, with a view to ensuring respect for domestic laws and jurisprudence and its separation from the international arbitral legal system, as well as to provide the maximum extent of freedom to the parties of the arbitration agreement.</p> | - |
dc.language | eng | - |
dc.publisher | Cambridge University Press | - |
dc.relation.ispartof | UNCITRAL Model Law on International Commercial Arbitration | - |
dc.title | Arbitration Agreement and Interim Measures by Court | - |
dc.type | Book_Chapter | - |
dc.identifier.doi | 10.1017/9781108633376.011 | - |
dc.identifier.scopus | eid_2-s2.0-85192880000 | - |
dc.identifier.spage | 160 | - |
dc.identifier.epage | 177 | - |
dc.identifier.eisbn | 9781108633376 | - |