TEMPORARY PRECAUTIONARY MEASURES FOR THE COMMERCIAL ARBITRATOR
Journal of college of Law for Legal and Political Sciences,
2021, Volume 10, Issue issue 36 part 1, Pages 73-103
AbstractThe nature of the dispute, the circumstances, and the conditions of the lawsuit brought before the arbitration body or center required taking temporary and urgent precautionary procedures aimed at resisting the risk and preventing or limiting the damage and heading always towards the future to ward off a potential risk of falling in case it is not taken. It is based on the idea of providing litigants with quick judgments and placing them in a temporary legal position until the final settlement of the litigation in the disputes that it is feared to be too late and without prejudice to the origin of the right. Furthermore, preserving the existing conditions, respecting the apparent rights, and safeguarding the interests of the two parties of the dispute. These procedures are considered urgent protection and put an immediate end to the infringement by blocking the doors in front of the one with bad intention and depriving him of achieving his objectives while protecting the pretext and the evidence. The attitudes of international legislations differed regarding these procedures, their divisions and characteristics, the authority granted to the arbitrator, the legal restrictions, and the accompanying agreement.
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