International Commercial Arbitration and interim measures of protection
2010
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Advisor: Prof. Dr. Ata Sakmar
Abstract (EN)
Interim relief or provisional measures may be as important as an award on the merits of any arbitration case. If the subject matter of the arbitration is not preserved, a long and costly arbitration procedure may just end up in learning at the time of execution of the award, that there is no substance right to enforce anymore. Consequently, the topic of provisional measures, in the understanding that they maintain the status quo of the arbitration, becomes of great relevance to all who may be involved in the arbitration world. Nonetheless, the topic of provisional measures, the powers to enforce them and even, the degree of court cooperation/intervention in such matters, varies from one country to another. Unfortunately, provisional measures in arbitration face several problems related to the lack of actual enforceability of the arbitrators? resolutions as well as to the good will of the parties to arbitrate and to grant the other parties enough securities that the subject matter of the arbitration will be executable.
Author
Dr. Süheyla Balkar
Institution
How to Cite
Süheyla Balkar (Doctorate thesis). International Commercial Arbitration and interim measures of protection, 2010, Galatasaray University.
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