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Interim and Emergency Relief in International Arbitration: International Law Institute Series on International Law, Arbitration and Practice

Edited by: Diora Ziyaeva

ISBN13: 9781937518707
Published: June 2015
Publisher: Juris Publishing
Country of Publication: USA
Format: Hardback
Price: £115.00



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Interim and Emergency Relief In International Arbitration is a compilation of papers authored by some of the world’s leading international arbitration practitioners. It addresses issues relating to obtaining interim measure orders, including the relevant applicable standards such as irreparable harm that various international courts and tribunals, under the ICSID, UNCITRAL, ICC, SCC, and some domestic law jurisdictions often apply. It also touches upon theoretical and practical issues involving compliance with and enforcement of interim measures in international arbitration. These issues naturally are raised in the context of an ongoing discourse where tribunals have different, at times imperfect tactics for encouraging compliance with their interim measures including drawing adverse inferences, issuing diplomatic statements against a sovereign stopping just short of ordering interim measures, splitting the sum of security for costs and allowing for reimbursement, and levying heavier damages against the non-complying party without changing the substantive aspects of the award. This book explores these methods and identifies the latest trends in this exciting area of international law.

Interim and Emergency Relief In International Arbitration is intended for arbitrators, practicing attorneys, representatives of international arbitral institutions and academics, all of whom will find this book very useful. The compilation of papers and presentations in the book cover a number of jurisdictions including East Asia, the Middle East, Europe and North America.

Subjects:
Arbitration and Alternative Dispute Resolution
Contents:
Foreword
Acknowledgements
About the Editors
About the Contributors
Introduction to the Series
Introduction

PART 1:
THE POWER OF ARBITRAL TRIBUNALS TO OFFER INTERIM RELIEF

CHAPTER 1
Bifurcation, Challenges to Jurisdiction and Security for Costs
Anthony Connerty
CHAPTER 2
Interim Measures under the Rules of Asian Arbitral Institutions
Joongi Kim
CHAPTER 3
The Impact of the UNCITRAL Arbitration Rules
Louis B. Kimmleman and Sonia Marquez
CHAPTER 4
Panel 1: Professor Don Wallace's Opening Remarks and the Power or Arbitral Tribunals to Offer Interim Relief
Anthony Connerty
Johan Gernandt
Joongi Kim
Louis B. Kimmelmann
William K. Slate II

PART 2:
NATIONAL COURT POWERS TO ORDER INTERIM MEASURES OR TO ENFORCE ORDERS MADE BY ARBITRAL TRIBUNALS

CHAPTER 5
Concurrent Jurisdiction of Arbitral Tribunals and National Courts to Issue Interim Measures in International Arbitration
Rachael Kent and Amanda Hollis
CHAPTER 6
Court-ordered Interim Relief in Aid of Arbitration in Turkey
Ali Yesilirmak
CHAPTER 7
Court-ordered Interim Relief in the United Arab Emirates
Gordon Blanke
CHAPTER 8
Panel 2: The National Court Powers to Order Interim Measures or to Enforce Orders Made by Arbitral Tribunals
Mark Bravin
Rachael Kent
Ali Yesilirmak
Gordon Blanke (presented by Borzu Sabahi)

PART 3:
KEY NOTE SPEECH OF MR. YU JIANLONG, SECRETARY GENERAL OF CIETAC

CHAPTER 9
Keynote Speech: Emergency Relief under the CIETAC Arbitration Rules
Mr. Yu Jianlong

PART 4:
INTERIM RELIEF IN INVESTMENT TREATY ARBITRATION

CHAPTER 10
Protection in International Investment Arbitration: Challenge to State Sovereignty?
(Munir) A.F.M. Maniruzzaman
CHAPTER 11
Criminal Investigations: A Hypothetical Case
Don Wallace Jr.
CHAPTER 12
Provisional Measures in ICSID Arbitration: The Irreparable Harm Requirement
Claudia Frutos-Peterson and Diora Ziyaeva
CHAPTER 13
Panel 3: Interim Relief in Investment Treaty Arbitration
Ian A. Laird
(Munir) A.F.M. Maniruzzaman
Don Wallace Jr.
David Branson
Claudia Frutos-Peterson

PART 5:
EMERGENCY RELIEF IN INTERNATIONAL ARBITRATION

CHAPTER 14
Developing the Emergency Arbitrator Procedure: The Approach of the Hong Kong International Arbitration Center
Chiann Bao
CHAPTER 15
Emergency Relief Pending Arbitration in the U.S. Context
Kassi Tallent
CHAPTER 16
Panel 4: Emergency Relief in International Arbitration
Anne Marie Whitesell
Chiann Bao
Rocio Digon
Kassi Tallent

INDEX