Interim measures in international commercial arbitration

• Verfasst von: Rab, Ajar [VerfasserIn]
• Titel: Interim measures in international commercial arbitration
• Titelzusatz: a comparative review of the Indian experience
• Verf.angabe: Ajar Rab
• Verlagsort: Québec
• Verlag: Wolters Kluwer Law International
• Jahr: 2022
• Umfang: 1 Online-Ressource (XXX, 706 Seiten)
• Fussnoten: This book is a slightly amended and updated version of the thesis submitted by the author in pursuance of the degree of Doctor of Law in February 2021
• Hochschulschrift: Dissertation, Bucerius Law School Hamburg, 2021
• ISBN: 978-94-035-3735-1
• Datenträger: Online-Ressource
• Sprache: eng
• Bibliogr. Hinweis: Erscheint auch als : Druck-Ausgabe: Rab, Ajar: Interim measures in international commercial arbitration. - Alphen aan den Rijn : Wolters Kluwer, 2022. - xxx, 706 Seiten
• RVK-Notation: PR 2566
• K10plus-PPN: 182681275X
• K10plus-PPN:
  Universitätsbibliothek
• Lokale URL UB: Zum Volltext

Abstract

Interim Measures in International Commercial Arbitration is an important contribution to the harmonization and development of the law of arbitration. The availability of interim relief is a central element for any form of efficient dispute resolution, and it is of considerable importance for the success of arbitration in any given jurisdiction to effectively safeguard the rights of parties pending the final adjudication of their dispute. This important book provides a comprehensive examination of interim measures granted by the court and tribunal across jurisdictions contrasting them with an in-depth review of Indian law.The book provides a detailed analysis of the following:all reported judgments of the Indian Supreme Court and the High Courts from 1993 to 2022 on issues concerning interim measures; practical application of the UNCITRAL Model Law (and the revisions in 2006) by national arbitration statutes of over 80 jurisdictions with respect to interim measures; comparative practice and jurisprudence on interim measures in international commercial arbitration; rules of major arbitral institutions on the power and scope of interim measures granted by tribunals; detailed analysis of different types of interim measures, including anti-suit, anti-arbitration injunctions, security for costs, and interim measures in aid of foreign-seated arbitrations, the standards to be applied, and the burden of proof to be demonstrated for each type of measure; and issues of enforcement of interim measures in domestic, international, and foreign seated arbitrations.The particular problems of the Indian judicial system coupled with the vast jurisprudence make the topic highly practical and relevant even beyond the large Indian arbitration market. The unique appendices provide a detailed list of statutory provisions of countries that have adopted the Model Law along with rules of major arbitral institutions on interim measures.The detailed discussion on every aspect of interim measures including the power, scope, standards, and procedure across jurisdictions makes this book an easy and clear guide to not only understand the complex nature of interim measures but also to apply the concepts in actual cases by practitioners and arbitrators. This book will help navigate the complex issues in Indian jurisprudence with respect to interim measures and also provide parallels from other Model Law jurisdictions, including a ready reference to the relevant statutory provisions