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
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: Suggested Citation