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Interim Relief in International Arbitration: Enforcement Is a Substantial Problem - Chapter 12 - AAA/ICDR Handbook on International Arbitration and ADR - 2nd Edition

Author(s): 
David E. Wagoner
Page Count: 
16 pages
Media Description: 
PDF from "AAA/ICDR Handbook on International Arbitration and ADR - 2nd Edition"
Published: 
October, 2010
Jurisdictions: 
United States,
International
Practice Areas: 
Composition of Arbitral Tribunal,
Dispute Resolution & Litigation,
ADR,
International Litigation,
ICDR,
AAA,
Interim Measures of Protection
Author Detail: 

David E. Wagoner is a full-time arbitrator and mediator in international and domestic cases and is a consultant in all aspects of dispute resolution. He is a member of the AAA international panel of neutrals and is associated with various arbitration/mediation organizations worldwide. Mr. Wagoner earned a B.A. from Yale University and an LL.B. from the University of Pennsylvania. He is the author of A Call for Mediation and Other Forms of ADR to Resolve International Business Disputes, ELEVENTH INTERNATIONAL CONGRESS OF MARITIME ARBITRATORS (May 1994) and Tailoring the ADR Clause in International Contracts, ARB. J. June 1993.

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Description: 

In 2006 there were two highly significant developments related to interim relief. The ICDR International Arbitration Rules added Article 37 establishing a procedure for an emergency arbitrator to rule on applications for interim relief prior to the time that the tribunal has been constituted.

Secondly, UNCITRAL issued a replacement for Article 17 to the original 1985 version of the Model Law to deal comprehensively with interim measures and preliminary orders.