Party Autonomy and Interim Measures in International Commercial Arbitration
Issue Date
2003Author
Drahozal, Christopher R.
Publisher
Kluwer Law International
Type
Book chapter
Version
http://ssrn.com/abstract=1905699
Metadata
Show full item recordAbstract
Legal regimes differ on the authority of courts and arbitrators to grant interim measures in support of arbitration proceedings. Some arbitration laws authorize both courts and arbitrators to award interim relief (based on the parties’ agreement or otherwise); some laws deny arbitrators such authority, limiting it to the courts; some laws deny the courts such authority once the arbitrators have been selected; while others are unclear whether and under what circumstances courts may make such orders. The fundamental question is an institutional one: Which is the appropriate party to grant interim measures—the court, the arbitration panel, or both?
This paper argues that the principle of party autonomy should determine who has the authority to award interim relief. The argument is twofold. First, empirical examination of contracting practices—what parties actually agree to in their arbitration agreements concerning interim measures—may provide important insights into how authority over interim measures should be allocated. Second, in translating those insights into statutory provisions, drafters and legislators should preserve party autonomy by permitting parties to contract around the statutory provisions, in other words, by making those provisions default rules rather than mandatory rules.
Description
Full-text available at SSRN. See link in this record.
Collections
Citation
Christopher R. Drahozal, Party Autonomy and Interim Measures in International Commercial Arbitration, in International Commercial Arbitration: Important Contemporary Questions 179-89 (Albert Jan van den Berg ed., Kluwer Law Int'l 2003).
Items in KU ScholarWorks are protected by copyright, with all rights reserved, unless otherwise indicated.
We want to hear from you! Please share your stories about how Open Access to this item benefits YOU.