Enforcement of Interim Measures

Abstract

This chapter seeks to outline the procedural mechanism for putting interim measures into effect. The chapter provides review of the enforcement conditions, formalities and procedural steps under the regulations within the Brussels regime with focus on Regulation Brussels Ibis. The chapter also contains an overview of one of the most challenging aspects of interim relief in international arbitration—its enforcement. First, it covers a salient issue, which is widely discussed in legal theory and in arbitral case law—to what extent interim measures may be forced by an arbitral tribunal upon the parties to the arbitration case. Second, the chapter analyses the important matter whether third parties non-signatories can be compelled by arbitral measures. Third, the chapter reviews the procedural mechanisms contained in various national laws established to facilitate enforcement of interim relief by domestic legal procedures. The chapter also deals with the liability for non-compliance with interim measures, incl. those granted in arbitral proceedings, providing overview of national laws and case law examples from different legal systems.