CEU Electronic Theses and Dissertations, 2024
| Author | Murgulia, Megi |
|---|---|
| Title | "Interim Measures as a preliminary step of successful recognition and enforcement of Arbitral Award" |
| Summary | The primary objective of this master's thesis is to dig the connection between Interim Measures and Substantive Arbitral Awards, with a particular focus on their respective roles in mitigating risks for involved parties and preserving assets. Emphasis is placed on analyzing the approaches of the United States and Georgia in this context, while also addressing the notable absence of regulatory provisions concerning interim measures within the framework of the New York Convention. This study endeavors to provide a comprehensive understanding of the continuous dynamics surrounding the circulation between interim measures and substantive arbitral awards in the realm of international arbitration. Methodologically, it employs a multifaced approach, including Legislative History Review, Expert Opinions and Commentary, Analysis of Case Law, Comparative Framework Assessment, empirical Data Collection, Institutional Guidelines and Practices, Historical Comparative Analysis, as well as Policy and Public Interest Considerations. The research mandates the pivotal role of interim measures in maintaining the status quo and asset preservation during arbitration proceedings, thereby facilitating the enforcement of arbitral awards. It also highlights challenges associated with enforcing interim measures in foreign jurisdictions, particularly those situated outside the arbitral seat. The practical complexities may influence arbitrators' decisions regarding the issuance of interim measures. Furthermore, the study underscores the collateral relationship between effective interim measures and the successful recognition and enforcement of arbitral awards in international arbitration. The absence of specific provisions addressing interim measures within the New York Convention underscores the necessity for regulatory enhancements to boost the efficiency of the international arbitration regime. Moreover, the examination of challenges within Georgia's domestic legal framework reveals significant obstacles to enforcement, necessitating comprehensive regulatory reforms to address strategic maneuvers aiming at impeding the enforcement process. In conclusion, this thesis aims for regulatory improvements to address existing gaps and challenges surrounding interim measures in international commercial arbitration. By enhancing the regulatory framework, assurance in the ability to enforce arbitral awards can be strengthened, thereby fostering greater trust and effectiveness in the international arbitration system. |
| Supervisor | Petsche Markus |
| Department | Legal Studies LLM |
| Full text | https://www.etd.ceu.edu/2024/murgulia_megi.pdf |
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