Assessment

Abstract

This chapter provides assessment of the matters concerning interim relief and procedures in private law international disputes by drawing conclusions from the review and analysis under the previous chapters. This chapter outlines the grounds to argue the two focal points of the entire study. The first argument is that the proper understanding of interim relief is that it does not merely safeguard enforcement/compliance with the final decision on a dispute but that, if measures are placed in wider context, they should be seen as an instrument to manage not only the pending legal proceedings but also the entire ongoing conflict until its resolution. The second argument is that the result of interim relief should be that no further aggravation of the dispute is allowed. The chapter further employs the tools of the law & economics theory as to portray interim relief also as a wealth maximization lever. This chapter puts in comparison the effectiveness of the mechanism of granting and enforcement of relief before courts and before arbitral tribunals in order to propose what strategy parties are recommended to employ for better results. Finally, the chapter summarizes the types of interim measures and puts them in different categories.