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Interim Measures under the Revised UNCITRAL Arbitration Rules

Interim Measures under the Revised UNCITRAL Arbitration Rules GEORGIOS PETROCHILOS* The revised UNCITRAL Arbitration Rules, which came into effect in August 2010 (the 2010 Rules or, where the context permits, simply the Rules), regulate interim measures in greater detail than most other sets of arbitration rules.1 In part, this is due to having the benefit of UNCITRAL's extensive prior work on an even more detailed regulation of the matter, in Articles 17-17J of the UNCITRAL Model Law on International Commercial Arbitration (the Model Law). This work had been completed just before the revision of the UNCITRAL Rules started.2 A further reason was the recognition that more specific guidance will help parties and arbitrators in respect of several issues, in particular the circumstances in which interim measures may be granted and revoked. Such guidance is perhaps particularly useful in the context of ad hoc proceedings under arbitration rules with a vocation to apply in conjunction with any domestic arbitration law (or even international law) and with the imprimatur of the United Nations. The 2010 Rules, just like the 1976 Rules before them, regard the concept of interim measures as comprising both provisional and conservatory measures.3 And in the literature, too, the notion of interim measures is broadly http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png ASA Bulletin Kluwer Law International

Interim Measures under the Revised UNCITRAL Arbitration Rules

ASA Bulletin , Volume 28 (4) – Jan 2, 2010

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Kluwer Law International
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Copyright © Kluwer Law International
ISSN
1010-9153
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Abstract

GEORGIOS PETROCHILOS* The revised UNCITRAL Arbitration Rules, which came into effect in August 2010 (the 2010 Rules or, where the context permits, simply the Rules), regulate interim measures in greater detail than most other sets of arbitration rules.1 In part, this is due to having the benefit of UNCITRAL's extensive prior work on an even more detailed regulation of the matter, in Articles 17-17J of the UNCITRAL Model Law on International Commercial Arbitration (the Model Law). This work had been completed just before the revision of the UNCITRAL Rules started.2 A further reason was the recognition that more specific guidance will help parties and arbitrators in respect of several issues, in particular the circumstances in which interim measures may be granted and revoked. Such guidance is perhaps particularly useful in the context of ad hoc proceedings under arbitration rules with a vocation to apply in conjunction with any domestic arbitration law (or even international law) and with the imprimatur of the United Nations. The 2010 Rules, just like the 1976 Rules before them, regard the concept of interim measures as comprising both provisional and conservatory measures.3 And in the literature, too, the notion of interim measures is broadly

Journal

ASA BulletinKluwer Law International

Published: Jan 2, 2010

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