해사중재에 있어 임시적처분에 관한 연구

Study on the Interim Measures in Maritime Arbitrations

&nbsp;&nbsp;One of the parties to an arbitration may be concerned that while the process is continuing, his opponent may act in such a way as to nullify any benefits that the arbitration will ultimately provide. This concern often takes the form of a desire to preserve the status quo until the case is finally decided. The interim measures would be rendered a meaningless exercise of the arbitrators&quot; power if it were not enforced. If arbitration rules provided more guidance so the parties, courts, and arbitrators would know the rights and responsibilities of the arbitral tribunal, many of the problems with enforceability of interim measures of protection could be reduced.<BR>&nbsp;&nbsp;The experience of maritime arbitration shows that complementary relationship between the domestic courts and arbitral tribunal exists. This leads not the negation of the autonomous character of arbitration but the confirmation of established evidence that arbitral proceedings are not excusive of domestic court jurisdiction. By clarifying the arbitral tribunal&quot;s rights and responsibilities, there will be less need to seek assistance from the courts. This will make arbitration an even more attractive means for dispute resolution. Accordingly, a supportive symbiosis of shared power between the two tribunals primarily serves to enhance arbitral effectiveness.