Provisional Interim Measures in Arbitral Proceedings

Despite the fact that the institution of provisional interim measures is not a new concept, analysis of statistical data in the field of enforcement of restrictive measures before the applicant submits a claim to the court indicates systemic violations in the work of the following institution. In addition, arbitration courts have wide discretion in resolving issues about the conditions for the application of interim interim measures, about the standards of proof during their adoption, the procedure for compensation for damage and payment of compensation, counter securing the interests of the parties, etc. In this regard, the purpose of the study was to identify legal mechanisms, contributing to increasing the efficiency of the institution of preliminary provision. Special attention is paid to such evaluative categories as the proportionality of restrictive measures to the property interests of the applicant and the sufficiency of the evidence presented by the parties. Based on the analysis of the current judicial and arbitration practice, it is concluded that the arbitration courts use a different approach with regard to the possibility of preliminary securing of non-property claims. Based on the study of theoretical and procedural features of preliminary interim measures, published statistical data on these issues, the author of the study criticizes the "two-link concept" of taking preliminary interim measures proposed in the scientific legal literature. It is concluded that the main reason for the imperfection of law enforcement practice is the vagueness of the assessment category of sufficiency when proving the grounds for taking restrictive measures, in connection with which the author considers it necessary to develop official explanations to form a unified approach to determining the possibility of taking preliminary interim measures and achieving legal clarity on the issue on the presentation by the parties of evidence sufficient to satisfy their position.