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.
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.