Академический Документы
Профессиональный Документы
Культура Документы
One of the shortcomings of arbitrator ordered interim relief is that an arbitral tribunal
obviously cannot order interim measures of protection before it has been properly
constituted. In international disputes, it is not unusual that the appointment of arbitrator
can take many weeks, if not months, especially if the arbitration agreement provides for a
three-person tribunal and one of the parties is uncooperative or downright obstructive.
Considering that the most crucial time for seeking provisional measures is often at the
outset of the parties’ dispute, this inherent limitation may have severe consequences for a
party and, in the worst case scenario, frustrate the arbitral tribunal’s ability to provide
effective final relief.
AIM AND OBJECTIVE OF STUDY:
Measures aimed at preserving or restoring status quo, or otherwise clarifying the parties’
contractual relationship, during the pendency of the arbitral proceedings. Examples
include: order to refrain from disposing of the object of the dispute; order to deposit the
goods in dispute with a custodian; order for the sale of perishable goods and placing the
proceeds of the sale in an escrow account; order requiring a contractor to continue
construction works and/or compelling the owner to continue paying instalments, if
necessary into an escrow account controlled by the arbitral tribunal; order requiring a
manufacturer to continue supplying a distributor, or requiring a distributor to continue
selling a manufacturer’s product; order prohibiting a party from continuing to
manufacture and sell products which are the subject of disputed patent rights; order to
stop using disputed trademarks; order authorizing a party to discontinue or suspend work
or the performance of other contractual obligations; order prohibiting a party from calling
upon a bank guarantee, or returning to the bank a guarantee called upon in an unjustified
manner; order suspending the effect of a corporate resolution; order confirming that an
individual has, for the time being, no authority to act on behalf of another party; order
ensuring the claimant's enjoyment of its rights (e.g., voting shares in compliance with a
shareholders’ agreement); order providing access to company records in order to
supervise the company’s management and performance; order directing a party to abstain
from undertaking certain activities which do not correspond to the regular course of
business; order appointing a neutral manager for some or all of the company’s activities.
RESEARCH METHODOLOGY:
The quality and value of research depends upon the proper and particular methodology
adopted for the completion of research work. Looking at the vastness of the research
topic - historical, doctrinal legal research methodology has been adopted. To make an
authenticated study of the research topic “ Challenges during the enforcement of interim
measures granted by arbitral tribunal in International Commercial arbitration and their
solution enormous amount of study material is required. The relevant information and
data necessary for its completion has been gathered from both primary as well as
secondary sources available in the books, journals, periodicals, newspapers, research
articles and proceedings of the seminars, conferences, conventions and annual reports on
environment, websites.
CONCLUSION
The importance of interim orders by arbitral tribunals has been widely recognised in
international arbitration. Such measures are commonly used in practice in relation to
urgent interim reliefs, and even by emergency arbitrators. Indubitably, the system of
recognition and enforcement of interim orders is an edifice of international arbitration.
With the possibility that parties may avoid compliance with such measures directed by
arbitral tribunals seated outside India, there is a need for a statutory machinery to enforce
these measures. It is necessary that an assistance should be available from the legislative
pillars, as well as the courts in India to, ensure that such orders are not reduced to mere
‘paper orders. However, the Indian arbitration law remains silent about the fate of such
interim orders issued by tribunals seated outside India, warranting an overhaul of section
17 yet again.
BIBLIOGRAPHY
1.http://www.nishithdesai.com/fileadmin/user_upload/pdfs/Research
%20Papers/Interim_Reliefs_in_Arbitral_Proceedings.pdf