Search the digital library catalog

Abstract: Interim measures in arbitration proceedings are intended to provide protection of the parties’ rights in the course of the proceedings before the final award is rendered. This issue for a long time has been regarded to be rooted in public policy concerns, but gradually this power is being transferred to the arbitral tribunal itself. In the Republic of Macedonia, the issue of interim measures in international commercial arbitration is regulated in the Law on International Commercial Arbitration. The provisions of the law expressly provide for the power of the arbitral tribunal to grant interim measures, however many questions in regard of arbitral interim relief are left unsettled. The authors give an analysis of the currents state over this issue in the Republic of Macedonia, and make an attempt to provide a solid answer to the question – will the amended provisions of the UNCITRAL Model Law on International Commercial Arbitration be a good basis to overcome the perceived problems, or an approach similar to the Slovenian should be rather accepted.
Keywords: arbitration proceedings, concurrent jurisdiction, enforcement, interim relief, interim measures, preliminary orders, UNCITRAL Model Law on International Commercial Arbitration
Published in DKUM: 01.08.2018; Views: 1316; Downloads: 48
Full text (402,04 KB)