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Article 17A - Conditions for Granting Interim Measures

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

Article 17A of the Model Law enumerates the conditions for the grant of interim measures of protection by an arbitral tribunal. Interim measures of protection are orders of temporary relief, which serve to protect the parties’ rights pending the final resolution of a dispute. Over time, it has generally become legally acceptable for claimants to be granted such protective measures in tribunals or courts in most States. In the context of the Model Law, interim measures are specifically defined under the revised article 17. These measures are increasingly used in international commercial arbitration, and the effectiveness of arbitration and the resultant arbitral awards will often depend upon the enforcement of such interim measures.

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Publisher: Cambridge University Press
Print publication year: 2020

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