• Analysis of International Arbitartion Rules. Rules

Publisher:
Lambert Academic Publishing
Publication date:
2011-01-30
Authors:

(After serving five years in the United States Navy, Shasta Nolte developed a deep love for politicial landscape of the European Union. In 2001 Shasta Nolte attended the University of Texas and graduated in 2003 with a degree in Government. The main focus of her undergraduate research was on the changing landscape of international law.)
ISBN:
9783843394864

Description:

Interim relief is critical in any form of dispute resolution. Parties must have the option to seek interim measures, like preliminary injunctions and attachments, where their adversaries threaten to take action which cannot be undone by after-the-fact damages. Parties in international arbitrations are no exception. Unlike prior studies, however, I test these procedures in action by comparing them in four hypothetical scenarios, consider expedited proceedings as an alternative to interim relief, and compare a much broader group of rules. I conclude that, while no single set of rules provides the full range of possible options that a party might want, those institutions that have sought to address the problem have come up with several viable procedures (particularly pre-tribunal referee procedures) that other arbitral institutions should consider adopting.

MATERIA: International Arbitration Laws