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Article 17H - Recognition and Enforcement

Published online by Cambridge University Press:  18 February 2020

Ilias Bantekas
Affiliation:
Hamad Bin Khalifa University, Qatar
Pietro Ortolani
Affiliation:
Radboud Universiteit Nijmegen
Shahla Ali
Affiliation:
The University of Hong Kong
Manuel A. Gomez
Affiliation:
Florida International University
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Summary

The effectiveness of arbitration cannot rest solely on the final award, but also on the availability of mechanisms that can secure the parties’ rights throughout the process. The most common solution to this potential shortcoming is found in the different mechanisms for preliminary relief (e.g. interim measures) that can be issued by the arbitral tribunal or the competent State courts. When an interim measure is issued by the latter, its effectiveness will depend both on that court’s coercive authority as stipulated by the relevant laws of that jurisdiction and – perhaps more importantly – on the possibility of an interim measure being recognised and enforced abroad.

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Publisher: Cambridge University Press
Print publication year: 2020

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