CHAPTER 14 - Finland - Interim Measures in International Arbitration
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Originally from: Interim Measures in International Arbitration
RELIEF PROVIDED BY COURTS
1. (a) Are courts authorized to issue orders of attachment,
injunctions or other provisional orders with respect to
Yes, provisional relief in various forms may be sought from the
courts during the conduct of arbitral proceedings in Finland according to
the Arbitration Act (967/1992) currently in force in Finland. The act,
which entered into force in December 1992, reflects the substance of the
UNCITRAL Arbitration Rules and the Model Law on International
Commercial Arbitration in their original format.
(b) If so, please describe the nature of any such provisional
relief that is available.
In general, the preconditions for obtaining provisional relief (or
precautionary / interim measures) are set out in the Code of Judicial
Procedure (4/1734) and in the Enforcement Code (705/2007), which
regulates the enforcement of the granted provisional relief. Provisional
relief is thus in Finland obtained in two phases; the grounds for issuing
the provisional relief are firstly evaluated on the merits by a court of law,
and, once granted, enforced by the executive authorities.
The provisional relief available under Finnish law is commonly
divided into three separate categories:
i) an attachment for the purpose of securing a monetary claim;
ii) an attachment for the purpose of securing the applicant’s
priority over a specified asset / object / item; and
iii) an injunction for the purpose of securing a civil law right, claim
or benefit not meant in i) and ii) above (also referred to as a
general precautionary measure).