Некоторые вопросы применения обеспечительных мер в международном коммерческом арбитраже

Международное правосудие. 2017. № 1 (21). С. 108–121.

Кобахидзе Д. И.

The article addresses some key issues of applying interim measures in international commercial arbitration. The institution of interim measures as provisional and conservatory legal arrangements is nowadays the subject of many discussions among law students, legal scholars and lawyers who pay special attention to the employment of this procedural instrument in the process of international commercial arbitration for protecting the rights of the parties in the dispute resolution process. The author examines the very meaning of interim measures and the terminology used in referring to this concept as well as issues of interpretation of this and related notions. One of the issues discussed in this article is the feasibility of compliance and enforcement of judgments on the interim measures awarded by arbitrators in the course of international commercial arbitration. In Russia, such a mechanism was not established by the law, in contrary, it was even rejected by the judicial practice. So, there is only one way when such measures could be taken, and it is when interim measures which were indicated by appropriate arbitration judgments are mutually agreed and voluntarily accepted by the parties in arbitration dispute. At the same time, the mandatory implementation of these measures would be possible only if disputing parties appeal to a state court with a request to introduce relevant interim measures. The author also examines characteristic features of effecting interim measures indicated pursuant to arbitration rules of some of the leading international arbitration institutions, taking into account such a special case of referring to an emergency arbitrator.

Keywords: третейский суд, международный коммерческий арбитраж, институционный арбитраж, arbitration tribunal, обеспечительные меры, государственный суд, international commercial arbitration, interim measures, state court, institutional arbitration, enforcement of interim measures, emergency arbitrator, исполнение обеспечительных мер, чрезвычайный арбитр