Inadequacies of Conservatory Measures in International Arbitration Institutions
Subject Areas : International Legal Research
MARYAM Ghalibafan
1
,
Ahmad Shams
2
,
Ahad Bagherzadeh
3
1 - PhD student in Private Law, Islamic Azad University, South Tehran Branch
2 - Law and Human scienc faculty,Islamic Azad University, Central Tehran Branch ,Tehran,Iran
3 - Department of Private Law and Political Science;Branch South Tehran Branch; Islamic Azad University;Tehran;Iran
Keywords: Conservatory and Precautionary Measures, Provisional Order, Emergency Arbitration, Enforceability of Interim Measures.,
Abstract :
Field and Aims: In the current environment of international arbitration, the increasing importance of material and intellectual property and properties can be seen, which can easily lose their value if abused by one of the parties. In many cases, the delay or prolongation of arbitration causes heavy and sometimes irreparable damages to the claimant. In addition, in some lawsuits, the issue is so important for the claimant that it becomes urgent to determine the decision. This issue has led to an increase in the demand of individuals for precautionary measures so that by preserving and guaranteeing the issues under arbitration, the arbitration process does not become ineffective, and as a result, the parties do not suffer damages. Most international arbitration rules recognize the power of arbitrators to issue precautionary measures. In this regard, the present research aims to examine the regulations of International arbitration institutions such as the ICC arbitration court, WIPO Arbitration Center, PCA, ICSID Arbitration Center, and the CAS regarding the adoption of precautionary measures before and after the formation of the arbitral tribunal and finally examine the inadequacies and problems in the enforcement of precautionary measures and think of solutions for them as much as possible. Method: This research was done using descriptive analytical method. Finding and Conclusion: However, the adoption of these measures faces problems, the most important of which is deciding on precautionary measures before forming an arbitral tribunal.