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  • 40 - Provisional Measures by Arbitrators and Emergency Arbitrators

  • from Part VII - Procedural Questions in Arbitration
  • Edited by Stefan Kröll, Andrea K. Bjorklund, McGill University, Montréal, Franco Ferrari, New York University
  • Book:
    Cambridge Compendium of International Commercial and Investment Arbitration
    Published online:
    18 February 2023
    Print publication:
    02 March 2023, pp 1211-1259

  • 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.