The Issuance of Interim Measures in International Disputes: A Proposal Requiring a Reasonable Possibility of Success on the Underlying Merits

16 Pages Posted: 31 Aug 2008

See all articles by Jarrod Wong

Jarrod Wong

University of the Pacific - McGeorge School of Law

Date Written: Spring 2005

Abstract

This article takes international courts and tribunals to task for avoiding all consideration of the underlying merits when determining interim relief and proposes instead a qualified consideration thereof that would weed out those applications that have no merit to them but yet avoids fostering the appearance of prejudgment. Specifically, this article proposes that in international disputes, an applicant for interim relief should have to demonstrate a reasonable possibility of success (but no more) on the underlying merits, a position that finds support in the UNCITRAL Model Law on International Commercial Arbitration.

Keywords: Remedies, Interim Remedies, International Remedies

JEL Classification: K33

Suggested Citation

Wong, Jarrod, The Issuance of Interim Measures in International Disputes: A Proposal Requiring a Reasonable Possibility of Success on the Underlying Merits (Spring 2005). Georgia Journal of International and Comparative Law, Vol. 33, No. 3, 2005, Available at SSRN: https://ssrn.com/abstract=1261145

Jarrod Wong (Contact Author)

University of the Pacific - McGeorge School of Law ( email )

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HOME PAGE: http://law.pacific.edu/campus-directory/jarrod-wong

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