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Article 17B - Applications for Preliminary Orders and Conditions for Granting Preliminary Orders

Published online by Cambridge University Press:  18 February 2020

Ilias Bantekas
Affiliation:
Hamad Bin Khalifa University, Qatar
Pietro Ortolani
Affiliation:
Radboud Universiteit Nijmegen
Shahla Ali
Affiliation:
The University of Hong Kong
Manuel A. Gomez
Affiliation:
Florida International University
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Summary

Within the Working Group, divergent views were expressed as to whether it would be desirable to allow an arbitral tribunal to issue an interim measure ex parte. Some members of the Working Group argued that this power should be conferred exclusively to State courts, and that the availability of preliminary orders in arbitration would constitute an ‘open avenue for dilatory and unfair practices that should be avoided’. The main rationale justifying this line of reasoning was the need to ensure the parties’ equality and a full opportunity to present their case. Against this argument, however, it was objected that the same needs are equally present in State court litigation, but are not regarded as ‘sufficient grounds for refusing the possibility of ordering ex parte measures in exceptional circumstances’.

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Publisher: Cambridge University Press
Print publication year: 2020

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