Provisional Measures - Assignment Example

Chapter Ten Question 23 Provisional measures in international arbitration can be dictated for the purpose of: a Preserving the legitimate rights of the requesting party before the decision on the merits of the case (Interim Award ICC 8786). b Ensuring the security of amount incurred in dispute in the arbitration process. c To preserve or inspect any property that relates to rage dispute in the arbitration process. d Provisional injection of a receiver. e Any other provisional measure that the Court deem otherwise.

Ordering a party to provide security (Charles Construction Co v Derderiamn). Question 24 In cases of urgency, the arbitral tribunal may, upon application of a party, order provisional measure, as it deem necessary. Such normally happens when preservation of evidence or assets is the primary goal. Ideally, arbitral tribunal has such provision to prevent other courts from supping the powers of arbitral teams. Lastly, tribunal always consults with parties before ordering interim measures but sometimes they may not if parties fail to agree.

Question 25 a) In the Van Uden Case of 1998, European Court had to determine whether the provisional measure was necessary for Brussels Convention while arbitration was pending in Netherlands. b) Yes. The statement is relevant because it provides a platform that discourages courts from supping the powers of the arbitral tribunal, an occurrence that can significantly influence the outcome of the arbitration process. In other words, the courts can only issue provisional measures when the tribunal cannot do so.

Reference Born, G. (2015). International Arbitration: Cases and Materials (Second Edition). New York: Wolters Kluwer.