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Book Chapter: Arbitration Agreement and Interim Measures by Court

TitleArbitration Agreement and Interim Measures by Court
Authors
Issue Date18-Feb-2020
PublisherCambridge 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 Identifierhttp://hdl.handle.net/10722/355289

 

DC FieldValueLanguage
dc.contributor.authorAli, Shahla-
dc.contributor.authorRepousis, Odysseas G-
dc.date.accessioned2025-04-01T00:35:27Z-
dc.date.available2025-04-01T00:35:27Z-
dc.date.issued2020-02-18-
dc.identifier.urihttp://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.languageeng-
dc.publisherCambridge University Press-
dc.relation.ispartofUNCITRAL Model Law on International Commercial Arbitration-
dc.titleArbitration Agreement and Interim Measures by Court-
dc.typeBook_Chapter-
dc.identifier.doi10.1017/9781108633376.011-
dc.identifier.scopuseid_2-s2.0-85192880000-
dc.identifier.spage160-
dc.identifier.epage177-
dc.identifier.eisbn9781108633376-

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