CONSIDERATION UPON ARBITRATORS’ COMPETENCE TO ORDER PROVISIONAL MEASURES DURING THE INTERNATIONAL COMMERCIAL ARBITRATION PROCEDURE

The scope of provisional measures is to protect the rights of the parties which may be prejudiced during the arbitral procedure. The risk that important evidence may be lost or that the goods subjected to litigation may be alienated, which would make the execution difficult is particularly high, especially concerning international commercial arbitration. The aim of the study hereby is to analyze how the arbitrators’ competence to order interim measures is reflected in the main arbitration institutions and the internal legislations, as well as the limitations thereof.