Conservatory and Provisional Measures in International Arbitration: The AAA’s Experience - Dispute Resolution Journal - Vol. 47, No. 4

Author(s):

Michael F. Hoellering

Page Count:

6 pages

Published:

October, 1992

Practice Areas:

Interim Measures of Protection,

AAA,

Contractual Expansion or Limitation of Judicial Review,

Jurisdiction and Powers of the Courts in Matters of Arbitration Generally,

Judicial Consolidation of Arbitral Proceedings,

Intellectual Property

Author Detail:

The author is the general counsel of the American Arbitration Association. This article is based on his address to tile 9th joint AAA/ICC/ICSID Colloquium on lnternational Cooperation , held in Paris in November.

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Description:

Originally from Dispute Resolution Journal

Where the parties' contracts do not address interim measures during arbitration, the arbitrators may determine a wide range of provisional relief prior to final award. AAA rules provide arbitrators broad authority to order conservatory and provisional measures. This article looks at those rules and provides instances where the rules were challenged and upheld by the courts.