Interim measures in international commercial arbitration under the ICC, LCIA and DIS rules
The present thesis deals with the important issue of interim measures in the context of International Arbitration. Interim measures of protection are an essential and indispensable part of international arbitration, promoting the effectiveness of the latter as a dispute resolution method. Without the possibility for interim relief, the whole arbitration process could be rendered meaningless because in the meantime irreparable harm may have occurred to one of the arbitrating parties. Interim measures are examined in this thesis with reference to the Arbitration Rules of three major International Arbitration Institutions, namely the International Court of Arbitration of the International Chamber of Commerce, the London Court of International Arbitration and the German Institution of Arbitration. The thesis aims to cover theoretical and practical aspects of the topic with the view to constitute a useful handbook for whoever is involved in the field of Arbitral Interim relief. Chapter A describes briefly the role of interim measures in the arbitral process, resolves issues of terminology and presents the Institutions examined. Chapter B focuses on the arbitrators‟ power to grant interim measures, defining and discussing its sources. Chapter C refers to the conditions for the granting of interim measures, examined under each particular Institution, while Chapter D does the same with reference to the types of interim relief available. Moreover, Chapter E addresses the major issue of enforceability of interim measures. Chapter F deals with Emergency Arbitral Interim Relief; the new 2012 ICC Rules are examined in detail here with regard to the Emergency Arbitrator Procedure established by them. Finally, Chapter G contains a conclusion of all individual aspects developed in the thesis. Finally, this thesis is elaborated as part of my studies in the LLM in Transnational and European Commercial Law and Alternative Dispute Resolution at the International Hellenic University during the academic year 2012-2013.