10 International Arbitration

ICA Chapter 10 Questions

Question 23

Provisional measures in international arbitration can be dictated with the purpose of:

1. Preserving the legitimate rights of the requesting party before the decision on the merits of the case.(Interim Award ICC 8786)

1. Provide your answer

1. Provide your answer

1. Provide your answer

1. Provide your answer

1. Provide your answer

1. Ordering a party to provide security (Charles Construction Co v Derderiamn)

(As you see from the answers filled in above, your answer for question 23 has two parts. One part is the answer itself and the second part is you referencing the source. The source can be a case-citation, a legal instrument or even a doctrine you find after reading Chapter 10. If you have trouble finding answers, please tap into your legal background to determine an answer that makes legal sense.)

Question 24

May an arbitral tribunal order provisional measures at its own initiative (ex-officio) or does it need a request of either party (answer yes or no and then explain in one paragraph)

Question 25

Regarding the statement as follows: “The essence of arbitration is resolving disputes without interference of the judicial process and its structures”

a) The above statement is related to which case in Chapter 10?

b) Is the statement relevant with respect to the national court’s authority to order provisional measures in international arbitration? (Choose only one option below)

Yes, it is relevant. (Why?)

No, it is not relevant (Why?)

Question 26 (select the right answer and explain in one paragraph)

According to the NY Convention, provisional measures are available:

a) Only ex-officio, that is, when arbitrators decide to dictate such measures. Why?

b) Only at the request of either party who applies for such measures. Why?

c) None of the above. Why?