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Interim Measures in Arbitration Proceedings

ФИО студента: Ivan Denezhkin

Руководитель: Liubov A. Prokudina

Кампус/факультет: Faculty of Law

Программа: Lawyer in the Sphere of Justice and Law Enforcement (Master)

Год защиты: 2021

The study is devoted to the institution of interim measures in the arbitration process and the practice of its enforcement. The author analyzes the theoretical and practical problems arising in the implementation of the rules on interim measures in the arbitration process, suggests ways to solve them. Interim measures are an effective way to protect the rights and legitimate interests of persons engaged in entrepreneurial and other economic activities, since they create the possibility of enforcing a future judicial act. In the practice of the ECHR and Russian courts, it is recognized that judicial acts, the execution of which is not possible, violate the right to a fair trial and paragraph 1 of Article 6 of the European Convention 1950. , therefore, real protection of their rights, going to court becomes meaningless, leads to unreasonable material and temporary losses. In the study, the goals of interim measures are established, their signs and types are highlighted. Particular attention is paid to such a sign of interim measures in the arbitration process as their proportionality. The definition of the content of this feature is proposed. The grounds and conditions under which the courts take interim measures are analyzed separately. It is concluded that preliminary interim measures for purposes coincide with ordinary interim measures, are similar in the subject of security and types, and are also restrictive. The main distinguishing feature of preliminary interim measures is the moment of their application (before the presentation of the main claim). The definition of preliminary interim measures is proposed. In order to maintain a balance of interests of the parties, the Arbitration Procedure Code of the Russian Federation establishes procedural remedies for participants in an arbitration process when applying interim measures, which are the use of counter security, an application for the replacement of an interim measure, the cancellation of an interim measure, and compensation for losses caused by interim measures. Compensation for losses caused by interim measures and payment of compensation are practically not applied in practice, which indicates the need for the development of this institution.

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