지원사업
학술연구/단체지원/교육 등 연구자 활동을 지속하도록 DBpia가 지원하고 있어요.
커뮤니티
연구자들이 자신의 연구와 전문성을 널리 알리고, 새로운 협력의 기회를 만들 수 있는 네트워킹 공간이에요.
초록· 키워드
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The purpose of Emergency Arbitrator System is to provide parties with the possibility of obtaining interim measures before constitution of the arbitral tribunal. This paper examines the Emergency Arbitrator System set forth in Article 32 and Appendix Ⅱ of Arbitration Rules of Stockholm Chamber of Commerce (SCC) in comparison with Article 37 of ICDR International Arbitration Rules.
This paper also provides a case study of 4 Decisions rendered by Emergency Arbitrators under the auspices of SCC in 2010. It was found that it took only 4 days on average from the date upon which the request for emergency interim measures was registered to SCC to the decision rendered by Emergency Arbitrators. The figures of average days reflect its rapidity well, one of the most preferred characteristics of arbitration. However, a case study of SCC decisions shows that only one request for interim measures was successfully granted. In other words, it was found that the requirements for granting of interim measures by emergency arbitrator were quite strictly applied.
If interim measures is to be granted, it was found that the requesting party should prove to satisfy the requirements for granting of interim measures as follows:First, the requesting party has to demonstrate that it may suffer irreparable or serious harm in commercially-sensible, not in a strictly literal sense unless the interim measure is granted.
Second, the party requesting interim measures has to persuade the Emergency Arbitrator that the request was of an urgent nature.
Third, the requesting party is required to meet the reasonable possibility that it may succeed on the merits of the claim.
목차
등록된 정보가 없습니다.
참고문헌 (13)
참고문헌 신청
Blessing, M. / 2005 / State Arbitrations: Predictability Unpredictable Solutions / J. Int'l Arb 22
Born, G / 2009 / International Commercial Arbitration / Wolters Kluwer
Caron, D. / 2006 / The UNCITRAL Arbitration Rules / Oxford University Press
Craig, W. / 1998 / Annotated Guide to the 1998 ICC Arbitration Rules / Oxford University Press
Huntley / 2005 / The Scope of Article 17: Interim Measures under the UNCITRAL Model Law / PLI/Lit 740 : 1181 ~
Born, G / 2009 / International Commercial Arbitration / Wolters Kluwer
Caron, D. / 2006 / The UNCITRAL Arbitration Rules / Oxford University Press
Craig, W. / 1998 / Annotated Guide to the 1998 ICC Arbitration Rules / Oxford University Press
Huntley / 2005 / The Scope of Article 17: Interim Measures under the UNCITRAL Model Law / PLI/Lit 740 : 1181 ~
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