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UM E-Theses Collection (澳門大學電子學位論文庫)

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Title

Recognizability and enforceability of interim measures under the New York Convention

English Abstract

It is widely acknowledged that international commercial arbitration plays a more and more significant role in settling international trade disputes. During the proceedings of arbitration, interim measures that aim to preserve the state quo or to dispose part of the claims are increasingly utilized. However, due to the non-judicial nature of arbitration system, such interim measures made by arbitrators must be recognized and enforced by competent courts. This thesis proposes to enhance the enforceability of interim measures under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958 (the New York Convention). For this purpose, this thesis firstly examines the historical background and applicable scope of the New York Convention. Further it introduces the inconsistency arising from different state practices concerning interim measures. The status of such measures under the New York Convention is to be examined. Subsequently, regulations of interim measures adopted by UNCITRAL in the Model Law are to be presented. This thesis argues that the inconsistency arising from state practices and the uncertain status of interim measures under the New York Convention impede the enforceability of interim measures, and thus further undermine the efficiency and effectiveness of arbitration. In order to enhance the recognizability and enforceability of interim measures, it is necessary to come up with possible solutions, such as, an amendment of the New York Convention, harmonization of state courts’ interpretation of definition of “award” or an adoption of UNCITRAL provisions into national legislations.

Issue date

2015

Author

Yuan, Xing Xing

Faculty

Faculty of Law

Degree

LL.M.

Subject

International commercial arbitration

Arbitration agreements, Commercial

International Business Law -- Faculty of Law

Supervisor

Mo, Shijian

Files In This Item

Full-text (internet)

Location
1/F Zone C
Library URL
991000623979706306