|Help

Interim Measures under the Rules of Asian Arbitral Institutions - Chapter 02 - Interim and Emergency Relief in International Arbitration - International Law Institute Series on International Law, Arbitration and Practice

Author(s): 
Joongi Kim
Page Count: 
12 pages
Published: 
May, 2015

PDF621.04 KB

$40.00
Description: 

Originally from Interim and Emergency Relief in International Arbitration - International Law Institute Series on International Law, Arbitration and Practice

Preview Page

 

I. INTRODUCTION
 
In line with major institutions around the world, the leading arbitral
institutions in Asia allow parties to seek interim measures as part of the
arbitral process. This article focuses on how China International Economic
and Trade Arbitration Commission (CIETAC), Hong Kong International
Arbitration Centre (HKIAC), Japan Commercial Arbitration Association
(JCAA), Korean Commercial Arbitration Board (KCAB) and Singapore
International Arbitration Centre (SIAC), which have emerged as the most
prominent institutions in Asia in terms of international arbitration, allow
interim measures under their respective rules.2 In addition to the rules of
the International Chamber of Commerce (ICC), International Dispute
Resolution Center (IDRC) and the London Court of International
Arbitration (LCIA), the UNCITRAL’s 2010 Arbitration Rules (UNCITRAL
Rules) and 2006 Model Law on International Commercial Arbitration
(Model Law) will be used as benchmarks for comparison.3
 
HKIAC and JCAA, in particular, have taken the lead relative to other
institutions in the world by establishing comprehensive provisions that
substantially incorporate the UNCITRAL Rules’ provisions on interim
measures. The new Article 23 of HKIAC’s amended 2013 rules, in