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Interim Measures in Cross-Border Civil and Commercial Disputes: Interim Relief Proceedings in International Litigation and Arbitration

Interim Measures in Cross-Border Civil and Commercial Disputes: Interim Relief Proceedings in International Litigation and Arbitration

Author: Deyan Draguiev
Publisher: Springer International
ISBN: 9783031287039
Published In: May 2023
Format: Hardback
Jurisdiction: Switzerland ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

Details

The book focusses on applying a holistic overview of interim measures and associated procedures in the context of cross-border private law (civil and commercial) disputes that are the subject of international litigation and arbitration proceedings. It reexamines key features of said problem and outlines novel findings on interim relief in the area of international dispute resolution. The book analyses the rules of EU law (EU law regulations such as the Regulation Brussels Ibis and the rest of the Brussels regime) as the single system of cross-border jurisdictional rules, as well as the rules of international arbitration (both commercial and investment). In the process, it conducts a complete mapping of interim measures problems and explores the criteria for granting relief under national laws. For this purpose, it includes an extensive comparative law overview of many jurisdictions in Europe, Asia, Africa, the Americas, etc., to reveal common standards for granting interim relief.

Interim relief is a salient problem in dispute resolution, and serious international disputes usually require requests for such measures. This makes a more complete understanding all the more important. For scholars and practitioners alike, there are various ways to seek relief; precisely this complexity calls for a more complex and multilayered analysis, which does not (as is usually the case) adopt the perspective of either litigation or arbitration, but instead weighs the pros and cons and considers the viability and reliability of the different options, viewed from all angles.

1. Introduction on Interim Measures and Cross-Border Disputes

2. Basis and Jurisdiction to Grant Interim Measures

3. Nature, Operation, Types of Interim Measures

4. Enforcement of Interim Measures

5. Interim Measures in Other Judicial and Quasi-Judicial Bodies

6. Assessment

7. Summary of results. Conclusion