L'arbitrage commercial international par rapport à la juridiction étatique en matière de mesures provisoires et conservatoires : étude analytique et comparative

Authors: Emara, Fehr Abdelazim
Advisor: Melkevik, BjarnePrujiner, Alain
Abstract: Since the mid-twentieth century, the International Commercial Arbitration has achieved massive development and has gained significant importance in the world of international business transactions. It has effectively become the most acceptable, reliable and widely preferred jurisdiction for the settlement of international investment and trade disputes. However, for a long time, the failure of arbitration to properly deal with interim measures lead adversaries to avoid resorting to arbitral tribunals preferring the state courts when emergency measures were required. The main reason for this inadequacy was the lack of a comprehensive arbitral regime for governing the interim measures procedure, which in turn lead to a reduction in the effectiveness of international arbitration. This issue was recently addressed thanks to the major amendments to the UNCITRAL Model Law in 2006. This Model Law established a specialized regime to govern the arbitral proceedings for interim measures. More recently, a number of prominent international arbitration centers modified their rules to comprehensively deal with the issue of interim measures and to put it into practice. The introduction of this specialized arbitral regime calls for more effort to evaluate and compare its effectiveness to the juridical state system in dealing with the issue of interim measures. Therefore, the main objective of this doctoral thesis is to provide a thorough and analytical comparison of the two systems and to present a number of doctrinal and legislative proposals aimed at improving the recently introduced arbitral regime.
Document Type: Thèse de doctorat
Issue Date: 2016
Open Access Date: 23 April 2018
Permalink: http://hdl.handle.net/20.500.11794/26639
Grantor: Université Laval
Collection:Thèses et mémoires

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