Interim measures in international commercial arbitration with seat in Zurich (Switzerland)

 

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dc.contributor.author Marti, Ulrich en_ZA
dc.date.accessioned 2014-07-30T18:16:00Z
dc.date.available 2014-07-30T18:16:00Z
dc.date.issued 2014-07-30
dc.identifier.citation Marti, U. 2014. Interim measures in international commercial arbitration with seat in Zurich (Switzerland). Thesis. University of Cape Town ,Faculty of Law ,Department of Commercial Law. http://hdl.handle.net/11427/4664 en_ZA
dc.identifier.uri http://hdl.handle.net/11427/4664
dc.description.abstract Parties to international commercial transactions choose to refer potential disputes to arbitration instead of litigation for different reasons. In most of the cases an important factor for a decision in favour of arbitration is that they want to have a potential dispute settled quickly. Even if the dispute resolution through arbitration is often speedier than court proceedings, it still takes a fair amount of time until a final award is rendered. Thus, it might become necessary to obtain interim measures to regulate the terms of an ongoing relationship for the duration of the arbitral proceedings, to stabilize matters on a provisional basis or to avoid frustration of the final award. If the need for interim measure arises, the concerned party will be confronted with a bundle of complex legal and tactical questions. The second chapter deals with the question which judicial authority has jurisdiction to order interim measures in international arbitral proceedings conducted in Switzerland, respectively with the legislative and contractual framework that must be considered in order to determine the competent authority. As will be explained, arbitral tribunals and state courts may have concurrent jurisdiction to order interim measures and thus, the parties will have to decide which authority to apply to. To determine which possibility will be more advantageous in the concrete circumstances they have to compare the two options. Thus, the third chapter is concerned with interim measures available to arbitral tribunals, whereas the fourth chapter deals with those available to state courts. In these two chapters the focus is particularly on the variety of interim measures, some procedural aspects and on questions with regard to enforcement. In chapter five some selected questions and problems caused by the concurrent jurisdiction of the arbitral tribunal and the state court will be addressed. I will conclude with the question whether or not one can determine a general rule that it is more advantageous for parties to international arbitration to address either the state court or the arbitral tribunal with a request for interim measure. en_ZA
dc.language.iso en_US en_ZA
dc.title Interim measures in international commercial arbitration with seat in Zurich (Switzerland) en_ZA
dc.type Master Thesis
uct.type.publication Research en_ZA
uct.type.resource Thesis en_ZA
dc.publisher.institution University of Cape Town
dc.publisher.faculty Faculty of Law en_ZA
dc.publisher.department Department of Commercial Law en_ZA
dc.type.qualificationlevel Masters
dc.type.qualificationname LLM en_ZA
uct.type.filetype Text
uct.type.filetype Image
dc.identifier.apacitation Marti, U. (2014). <i>Interim measures in international commercial arbitration with seat in Zurich (Switzerland)</i>. (Thesis). University of Cape Town ,Faculty of Law ,Department of Commercial Law. Retrieved from http://hdl.handle.net/11427/4664 en_ZA
dc.identifier.chicagocitation Marti, Ulrich. <i>"Interim measures in international commercial arbitration with seat in Zurich (Switzerland)."</i> Thesis., University of Cape Town ,Faculty of Law ,Department of Commercial Law, 2014. http://hdl.handle.net/11427/4664 en_ZA
dc.identifier.vancouvercitation Marti U. Interim meaures in international commercial arbitration with seat in Zurich (Switzerland). [Thesis]. University of Cape Town ,Faculty of Law ,Department of Commercial Law, 2014 [cited yyyy month dd]. Available from: http://hdl.handle.net/11427/4664 en_ZA
dc.identifier.ris TY - Thesis / Dissertation AU - Marti, Ulrich AB - Parties to international commercial transactions choose to refer potential disputes to arbitration instead of litigation for different reasons. In most of the cases an important factor for a decision in favour of arbitration is that they want to have a potential dispute settled quickly. Even if the dispute resolution through arbitration is often speedier than court proceedings, it still takes a fair amount of time until a final award is rendered. Thus, it might become necessary to obtain interim measures to regulate the terms of an ongoing relationship for the duration of the arbitral proceedings, to stabilize matters on a provisional basis or to avoid frustration of the final award. If the need for interim measure arises, the concerned party will be confronted with a bundle of complex legal and tactical questions. The second chapter deals with the question which judicial authority has jurisdiction to order interim measures in international arbitral proceedings conducted in Switzerland, respectively with the legislative and contractual framework that must be considered in order to determine the competent authority. As will be explained, arbitral tribunals and state courts may have concurrent jurisdiction to order interim measures and thus, the parties will have to decide which authority to apply to. To determine which possibility will be more advantageous in the concrete circumstances they have to compare the two options. Thus, the third chapter is concerned with interim measures available to arbitral tribunals, whereas the fourth chapter deals with those available to state courts. In these two chapters the focus is particularly on the variety of interim measures, some procedural aspects and on questions with regard to enforcement. In chapter five some selected questions and problems caused by the concurrent jurisdiction of the arbitral tribunal and the state court will be addressed. I will conclude with the question whether or not one can determine a general rule that it is more advantageous for parties to international arbitration to address either the state court or the arbitral tribunal with a request for interim measure. DA - 2014-07-30 DB - OpenUCT DP - University of Cape Town LK - https://open.uct.ac.za PB - University of Cape Town PY - 2014 T1 - Interim measures in international commercial arbitration with seat in Zurich (Switzerland) TI - Interim measures in international commercial arbitration with seat in Zurich (Switzerland) UR - http://hdl.handle.net/11427/4664 ER - en_ZA


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