THE CRITICAL ANALYSIS OF PROCEDURES AND CONDITIONS FOR GRANTING ARBITRAL INTERIM MEASURES IN ENGLAND
Dr. Shadat Ssemakula Mutyab Mohmeded - Independent Review Paper
ABSTRACT
The arbitral tribunal should be the best forum for seeking interim measures, given the fact that it derives its authority from the arbitration agreement (party autonomy). However, there stringent conditions for the tribunal to use its powers to grant interim measures. The main aim of such standards and procedures is generally to preserve the status quo, facilitate enforcement of final arbitral awards or arbitral proceedings. In determining the standards it is incumbent upon the tribunal to take into account the temporary nature of arbitral interim measures. The standards need to be pragmatic in order to suit the practical needs of arbitral proceedings in international commerce. The tribunal looks at case law, arbitral rules, and awards and at times makes a comparative appraisal of international arbitral rules and conducts an analysis of arbitral awards and case law as a yardstick for determining the procedures and standards for interim measures. The irony with regard to international comparative analysis is the nature of arbitral awards, which are confidential; hence access to some court records is impeded, in relation to providing examples and references on this point. This article critically examines the procedures and conditions of granting provisional or interim measures in England. The article will examine standards and procedures, positive and negative conditions, merits of interim measures, the relationship between courts and arbitral tribunal in granting interim measures.
