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Regular version of the site

Security Measures in Arbitration Procedure

ФИО студента: Valeriya Telepneva

Руководитель: Liubov A. Prokudina

Кампус/факультет: Faculty of Law

Программа: Jurisprudence (Bachelor)

Оценка: 10

Год защиты: 2020

Interim measures dates back to the times of Ancient Rome. In the Russian Federation, the formation of this institution began in the 15th century, but there are still no effective ways to apply interim measures by courts in connection with such feature of this institution as the presumed nature of non-execution of a court decision or the occurrence of damage. This institution is aimed in the future at protecting the interests of the applicant to eliminate obstacles in the event of failure by the defendant to comply with a court decision or significant losses to the plaintiff, but it is necessary to ensure a balance of interests of the parties and protection, including the interests of the defendant, in case of abuse by the applicant. This research analyzes the history of the formation of this institution, its features and types, the grounds and conditions for applying interim measures, the development of this institution in foreign jurisdictions. The purpose of this work is to study interim measures in the arbitration process in the Russian Federation and in foreign legislation, as well as mechanisms for taking these measures in practice, its regulation at the legislative level, as well as to develop recommendations for improving this institution. The author gives his own definition of this institution, suggest to change the location of articles in order to improve the level of legal technology, as well as to highlight separately the grounds and conditions for taking interim measures, since currently there is confusion and heterogeneity in judicial practice, since there is no single list of grounds and conditions for taking interim measures. Legislation lists only two grounds, but court practice has expanded this list with additional conditions when taking interim measures. This paper also analyzes preliminary interim measures and the institution of counter-security, examines the need to introduce mandatory counter-security, as well as the nature of counter-security provided by the defendant instead of interim measures.

Full text (added May 9, 2020)

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