Book contents
- Cambridge Compendium of International Commercial and Investment Arbitration
- Cambridge Compendium of International Commercial and Investment Arbitration
- Copyright page
- Contents
- Figures
- Tables
- Contributors
- Preface
- Part I Foundations
- Part II Public Law Questions Relating to Arbitration
- Part III Stakeholders in Arbitration
- Part IV Applicable Law
- Part V Jurisdiction of the Arbitrator
- Part VI The Arbitral Tribunal
- Part VII Procedural Questions in Arbitration
- 36 Implicit Consent and Unanticipated Risk in Class, Mass, and Collective Arbitration
- 37 The Principle of Equal Treatment in International Arbitration
- 38 Joinder of Third Parties
- 39 Evidentiary Issues in International Arbitration
- 40 Provisional Measures by Arbitrators and Emergency Arbitrators
- 41 Setting the Language (or Languages) of Arbitration – and the Impact of Language-Related Imperfections in Post-Award Proceedings
- Part VIII Role of State Courts in Arbitration
- Part IX Awards
- Part X Post-Award Issues
- Part XI Legal Concepts
- Part XII Areas of Concern
- Part XIII Arbitration and Related Fields
- Part XIV EU Law and Arbitration
40 - Provisional Measures by Arbitrators and Emergency Arbitrators
from Part VII - Procedural Questions in Arbitration
Published online by Cambridge University Press: 18 February 2023
- Cambridge Compendium of International Commercial and Investment Arbitration
- Cambridge Compendium of International Commercial and Investment Arbitration
- Copyright page
- Contents
- Figures
- Tables
- Contributors
- Preface
- Part I Foundations
- Part II Public Law Questions Relating to Arbitration
- Part III Stakeholders in Arbitration
- Part IV Applicable Law
- Part V Jurisdiction of the Arbitrator
- Part VI The Arbitral Tribunal
- Part VII Procedural Questions in Arbitration
- 36 Implicit Consent and Unanticipated Risk in Class, Mass, and Collective Arbitration
- 37 The Principle of Equal Treatment in International Arbitration
- 38 Joinder of Third Parties
- 39 Evidentiary Issues in International Arbitration
- 40 Provisional Measures by Arbitrators and Emergency Arbitrators
- 41 Setting the Language (or Languages) of Arbitration – and the Impact of Language-Related Imperfections in Post-Award Proceedings
- Part VIII Role of State Courts in Arbitration
- Part IX Awards
- Part X Post-Award Issues
- Part XI Legal Concepts
- Part XII Areas of Concern
- Part XIII Arbitration and Related Fields
- Part XIV EU Law and Arbitration
Summary
This chapter will address the topical issue of provisional measures in international arbitration as well as its recent offspring, namely emergency arbitration procedures. The aim of this chapter is to understand the historical background of such measures and procedures, their impact on the evolution of domestic legislations with respect to international arbitration, their integration and evolution in arbitration rules as well as their nature. The chapter will thus also address the power of the arbitrator to grant such measures, the type of measures that can be granted, as provisional measures or by an emergency arbitrator, as well as the procedural requirements and substantial conditions necessary to obtain such interim measures. Finally, the issue of enforcement of such measure will also be addressed.
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- Publisher: Cambridge University PressPrint publication year: 2023