The Enforceability of the Interim Measures Granted by an Emergency Arbitrator in International Commercial Arbitration

2024
ISBN: 978-981-97-6535-5
Verlag: Springer Nature Singapore

Buch, Englisch, 245 Seiten, Format (B × H): 160 mm x 241 mm, Gewicht: 606 g

This timely book offers a comprehensive study of the emergency arbitrator mechanism that provides interim measures in international commercial arbitration before the constitution of an arbitral tribunal, focusing on the enforceability of the interim measures granted. Based on the traditional legal doctrines of private international law, international dispute resolution, and arbitration law, this book is featured mainly in comparative studies. Six leading arbitral institutions are chosen to conduct systematic research on applying the emergency arbitration rules to establish a general and common procedural framework for emergency arbitration in discussion. Normative and comparative law analyses investigate the status quo of available legal instruments used to recognize and enforce interim measures in emergency arbitration by examining international conventions and three representative chosen jurisdictions, i.e., Singapore, Mainland China, and the USA. Following these two levels of comparison, it highlights and examines the potential doctrinal and practical barriers that may impact the enforceability of interim measures rendered by an emergency arborator. Finally, it proposes various approaches that could be used to improve the enforceability controversy, and it offers innovative suggestions for further research. This book is of particular relevance and interest to students, researchers, and practitioners in dispute resolution and arbitration law, as well as policymakers, legislators, and arbitral institutions considering further reform in international arbitration.

Zielgruppe

Research

Autoren/Hrsg.

Zhang, Junmin

Fachgebiete

• Rechtswissenschaften Internationales Recht und Europarecht Internationales Recht Internationales Handels-, Wirtschafts- und Gesellschaftsrecht
• Rechtswissenschaften Internationales Recht und Europarecht Internationales Recht Internationales Zivilprozess- und Schiedsverfahrensrecht

Inhaltsverzeichnis

Introduction.- Comparison among Institutional Arbitration Rules.- Essential Requirements to Enforce Interim Measures Granted by an Emergency Arbitrator.- Legal Status of an Emergency Arbitrator.- Issuance of Interim Measures by an Emergency Arbitrator.- Recognition and Enforcement of Interim Measures Rendered by an Emergency Arbitrator.- Harmonization of the Enforceability of Interim Measures Granted by an Emergency Arbitrator in International Commercial Arbitration.- Conclusion.

Über Autor(innen)

Junmin Zhang is an assistant professor at Shanghai Normal University, Shanghai, China. She holds a Bachelor of Arts and Juris Master from China University of Political Science and Law, a Master of International Law from Hamburg University, and a doctoral degree from Maastricht University. Her research mainly focuses on international dispute resolution and international trade. She has lectured in international law, international commercial arbitration, and legal language. She is also a part-time counsel of Zhong Lun Law Firm.