Interim Measures in Arbitration: Interplay Between Powers of Arbitral Tribunal and Courts - Business Law Review View Interim Measures in Arbitration: Interplay Between Powers of Arbitral Tribunal and Courts by - Business Law Review Interim Measures in Arbitration: Interplay Between Powers of Arbitral Tribunal and Courts 46 5

In arbitration, interim measures serve as a significant remedy to preserve the rights and assets of the parties while the final award is still pending. This article scrutinizes the advancing interplay between the powers of domestic courts and arbitral tribunals in the issuance of interim measures. The article explores how contemporary treatment has evolved towards complementary roles for national courts and arbitral tribunals. To highlight the interdependence and independence of their respective powers to issue interim measures based on legal and procedural context, the article underscores the need for critical cooperation between judicial and arbitral authorities to uphold the dignity and integrity of the arbitral process. To that end, from a transnational perspective, the article investigates the power of arbitral tribunals to grant interim relief under the arbitral rules and international instruments. It showcases blemishes and divergence in clarity and scope. Similarly, the article critically analyzes the jurisdictional practices of national courts in the issuance of interim measures, emphasizing jurisdictional disparities and accentuating reconciliation and conflicts in relation to the issuance of such relief. It also inspects how national courts recognize and enforce the tribunal-ordered interim relief.

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