국제상사중재에서 잠정적 구제조치에 관한 연구

A Study on the Interim measures of protection in International Commercial Arbitration

Interim measures of protection play a very important role in international commercial arbitration. During the course of an arbitration, it may be necessary for the arbitral tribunal or a national court to issue interim measures of protection intended to preserved evidence, to protect assets, or in some other way to maintain the status quo pending the outcome of the arbitration proceedings themselves. The important of and the need for interim measures of protection in arbitration have grown immensely over the last twenty years. The growth owes much to globalisation and increased confidence in arbitration. The growth is further related to the longer duration of arbitration proceedings due to globalisation, the complexity, bureaucratisation, or institutionalisation of arbitration. This paper aims to demonstrate that arbitration should, in principle, be the forum to grant interim measures of protection and that the role of courts is limited to assistance to arbitration. However, there are several questions and uncertainties related to such measures. These questions and uncertainties weaken the effectiveness of arbitration. Thus, they constitute a threat to its future. This thesis further aims to identify, analyse, clarify, and offer solutions to those problems and uncertainties. Solutions will be offered for enhancing effectiveness of arbitration in regard of interim measures of protection.