Interim Measures in Cross-Border Civil and Commercial Disputes

The book focusses on applying a holistic overview of interim measures and associated procedures in the context of cross-border private law (civil and commercial) disputes that are the subject of international litigation and arbitration proceedings. It reexamines key features of said problem and outlines novel findings on interim relief in the area of international dispute resolution. The book analyses the rules of EU law (EU law regulations such as the Regulation Brussels Ibis and the rest of the Brussels regime) as the single system of cross-border jurisdictional rules, as well as the rules of international arbitration (both commercial and investment). In the process, it conducts a complete mapping of interim measures problems and explores the criteria for granting relief under national laws. For this purpose, it includes an extensive comparative law overview of many jurisdictions in Europe, Asia, Africa, the Americas, etc., to reveal common standards for granting interim relief.

Interim relief is a salient problem in dispute resolution, and serious international disputes usually require requests for such measures. This makes a more complete understanding all the more important. For scholars and practitioners alike, there are various ways to seek relief; precisely this complexity calls for a more complex and multilayered analysis, which does not (as is usually the case) adopt the perspective of either litigation or arbitration, but instead weighs the pros and cons and considers the viability and reliability of the different options, viewed from all angles.

Deals with interim measures in cross-border civil and commercial disputes, examining relief in typical cases Presents a comparative analysis of the national laws from various systems and reviews arbitral institutions worldwide Analyses interim relief in arbitration and litigation in parallel

Auteur

Deyan Draguiev has a Bachelor of Laws degree (English law) with First Class Honours from the University of Manchester, a Master of Laws degree from the Sofia University, and a doctoral PhD degree (magna cum laude) from the Hamburg University. He has also specialized in private international law and international commercial law at the Hague Academy of International Law, at King's College (London), and at the University of Arizona. He is a member of the Honourable Society of the Inner Temple (UK), the Chartered Institute of Arbitrators (UK), associate member of the Centre for Private International Law (University of Aberdeen), and he is an arbitrator on the panels of several arbitral institutions in Europe, Middle East and Asia. Deyan practices as an attorney at-law with experience encompassing almost a decade at the dispute resolution department of a UK global law firm, including proceedings before major local and international arbitral institutions.

Contenu

1. Introduction on Interim Measures and Cross-Border Disputes.- 2. Basis and Jurisdiction to Grant Interim Measures.- 3. Nature, Operation, Types of Interim Measures.- 4. Enforcement of Interim Measures.- 5. Interim Measures in Other Judicial and Quasi-Judicial Bodies.- 6. Assessment.- 7. Summary of results. Conclusion.