Justice In A Hurry: Interim Relief In International Arbitration

The demand for interim relief in arbitral proceedings has increased along with the popularity of international arbitration. Interim relief protects a party's rights pending the resolution of a dispute. Common forms of interim relief include orders or awards for the production of evidence, the preservation of the status quo, and injunctions. 

OVERVIEW

Traditionally, instead of seeking interim relief through an arbitral process, parties have applied to their national courts for such relief. Generally, local rules of arbitration preserve a court's authority to order or award interim relief while at the same time allowing the arbitral tribunal to retain jurisdiction to determine the substantive dispute. National courts are often in a superior position to provide interim relief due to the issues of enforceability surrounding arbitration awards. Indeed, there are certain situations where a national court is the only viable option for a party seeking interim relief,