Ea order - a powerful tool or just a piece of paper?
| Autoři | |
|---|---|
| Rok publikování | 2015 |
| Druh | Článek ve sborníku |
| Konference | Cofola 2015 : The Conference Proceedings |
| Fakulta / Pracoviště MU | |
| Citace | |
| www | Open access konference |
| Klíčová slova | Emergency Arbitrator; 2012 ICC Rules; EA Order; Provisional Measure |
| Popis | The ICC Rules underwent several changes with their 2012 amendments. One of them are the emergency arbitrator provisions which provide for a whole new type of interim measure - the EA order. As it is a new way of obtaining interim measure, its exact legal status remains unclear, especially with regards to its possible enforcement under the New York Convention or national legislation. Therefore, this paper will firstly address the issue whether the EA order is as suggested by several authorities - a specific type of contract, or can be considered a judicial decision. Secondly, the paper will deal with enforcement of the EA order and present solutions which have been adopted in order to make it more straightforward. |
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