Interim Measures in Arbitral Proceedings

This final qualifying work is devoted to the study of the institute of interim measures in arbitral proceedings. The relevance of the study of this topic is confirmed by statistical data, according to which less than 40% of enforcement proceedings lead to the actual execution of enforcement documents that have obtained legal force recently. Moreover, the number of applications for interim measures is decreasing each year, and the percentage of cancellation thereof by the courts is only increasing. This illustrates the need for a change in the approach to measures that guarantees the enforcement of court decisions. The purpose of present work is to study interim measures and to offer recommendations for improving their application. To achieve this, the author identified the goals and features of such measures, determined the subject of security, analyzed the definitions proposed by various scientists, analyzed the legal norms related to the institute, as well as legal practice in resolving issues related to the topic, and considered the features of applying various types of interim measures in certain categories of cases. Special attention is paid to the history of the institute's development. Its application in foreign countries is considered, and a comparison with the experience in the Russian Federation is made. This work consists of an introduction, two chapters, seven paragraphs, a conclusion, and a bibliographic list. Based on the results of the work carried out, the following conclusions can be drawn: (1) the concept of interim measures does not have a clear normative expression; (2) there are certain gaps in the regulation of the use of the institute. Accordingly, the author offers an exhaustive definition of interim measures and recommends some changes to their regulation in the Arbitration Procedure Code. Among the latter, the consolidation of two lists: (1) a list of conditions established by the court, the observance of which is necessary for the adoption of interim measures; (2) a list of possible ways to protect the rights of the subject against whom such measures are applied.