A Jurisprudential And Legal Discussion About The Situation Of Interim And Conservatory Injunctions In Hearings Of Domestic Arbitration

ahmad esfandiari ¹ ( Islamic Azad University , Sari Branch , Iran )

Submited date : 2019-03-06 Accepted date : 2022-11-26

Keywords: domestic arbitration, Interim Injunction, Conservatory Injunction, Arbitral Tribunal, Principle of Confrontation,

Abstract :

While issuing of interim and conservatory injunctions is an uncontroversial powers of judicial courts and it divided between judicial court and arbitral tribunal in international arbitration litigation, the possibility of issuing of them was a controversial subject and equivocal and doubt in domestic arbitration hearings. Although it is acceptable on the light of principles of denying of vacuum of adjudication and some jurisprudential rules, some writers rejected the possibility of them in domestic arbitration hearings generally and some accepted in general. In addition, there isn't any consensus about tribunal that issues above injunctions in domestic arbitration hearings with supposition of it's possibility. In spite of that some are believing that issuing of them is an inherent heritage of judicial courts, others believe that issuing of them is possible by arbitral tribunal, specially where the parties of arbitral litigation agreed or with judicial Tribunal in turn or Instantaneously. Undoubtedly the interference of judicial courts in issuing of them before establishment of arbitral tribunal and conflicting with third party right and mandatory enforcement of them against whom they issue, is necessary.