Interim Measures in International Commercial Arbitration – A Comparative Study of the Egyptian, English and Scottish Law

Abstract

Interim Measures are viewed as an essential means to protect parties‘ rights in international commercial arbitration disputes. Most Arbitration Laws and Rules have recognised the arbitral tribunal‘s power to grant such measures. The success of this system relies on the court‘s assistance of the tribunal during the process. This relationship between the tribunal and the court is something vague under Egyptian Law, since there are no clear rules addressing the matter. Hence, this research examines the theories that explain the tribunal‘s authority and the relationship with the authority of the court. This study uses a comparative analytical approach in terms of analyzing relevant legal texts to determine the optimal legal approach to the issue. The purpose of the study is to address deficiencies in the Egyptian law – the Code of Civil Procedure and Egyptian Arbitration Law – and compare it with English, Scottish Arbitration Acts and international arbitration systems, laws, and practices. The findings of this research offer several recommendations that could help achieve a successful and smooth arbitration process. This study identifies and explains types of interim measures and explores the international practice of every type. It gives some important recommendations for future development and improvement of the Egyptian law. It also makes general recommendations that would help improve the efficiency of the English and Scottish laws

Links

PhilArchive



    Upload a copy of this work     Papers currently archived: 93,774

External links

Setup an account with your affiliations in order to access resources via your University's proxy server

Through your library

  • Only published works are available at libraries.

Similar books and articles

Comparative Analysis as an Autonomization Strategy in International Commercial Arbitration.Joanna Jemielniak - 2018 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 31 (1):155-173.
Joinder Mechanism in International Commercial Arbitration: A Trend in the Digital Age?Jiawen Wang - 2024 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 37 (3):923-942.
Digital Evidence: The Admissibility of Leaked and Hacked Evidence in Arbitration Proceedings.Daniel Brantes Ferreira & Elizaveta A. Gromova - 2024 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 37 (3):903-922.

Analytics

Added to PP
2013-11-14

Downloads
6 (#711,559)

6 months
2 (#1,816,284)

Historical graph of downloads
How can I increase my downloads?

Citations of this work

No citations found.

Add more citations

References found in this work

No references found.

Add more references