Provisional Measures Assignment Example | Topics and Well Written Essays - 250 words

Provisional Measures - Assignment ExampleProvisional streaks in international arbitrament can be dictate for the purpose ofa)Preserving the legitimate rights of the requesting party before the decision on the merits of the case (Interim Award ICC 8786).b)Ensuring the security of amount incurred in dispute in the arbitration process. c)To carry on or inspect any property that relates to rage dispute in the arbitration process. d)Provisional injection of a receiver.e)Any other provisional measure that the Court deem otherwise. Ordering a party to provide security (Charles Construction Co v Derderiamn).Question 24In cases of urgency, the arbitral tourist court may, upon application of a party, order provisional measure, as it deem necessary. Such normally happens when preservation of evidence or assets is the primary goal. Ideally, arbitral tribunal has such provision to prevent other courts from supping the powers of arbitral teams. Lastly, tribunal always consults with parties b efore ordering interim measures but sometimes they may not if parties run down to agree. Question 25a)In the Van Uden Case of 1998, European Court had to determine whether the provisional measure was necessary for Brussels Convention while arbitration was pending in Netherlands. b)Yes. The statement is relevant because it provides a platform that discourages courts from supping the powers of the arbitral tribunal, an occurrence that can significantly influence the outcome of the arbitration process. In other words, the courts can only issue provisional measures when the tribunal cannot do so.