|dc.description.abstract||Interim protection of rights (through provisional, including protective,
measures) is as important as the final protection of those rights.
This thesis examines several problems and uncertainties surrounding
provisional measures in international commercial arbitration. Those
problems and uncertainties influence the effectiveness of arbitration;
thus, they constitute a threat to the future of arbitration. The thesis aims
to identify, analyse, and offer solutions to those problems and
The thesis initially examines the roots and evolution of the concepts of
arbitral powers to grant provisional measures and court assistance to
arbitration. This examination highlights the roots of the problems and
uncertainties and demonstrates how the approach towards provisional
measures shifted, in due course of time, from judicial authorities'
exclusive power to arbitrators' power to grant those measures and how
the courts' role regarding interim protection has evolved into assistance.
It further deals with the forum to seek provisional measures mainly to
demonstrate that today an arbitrator or another party-determined
authority is and should be the natural judge regarding interim protection
of rights and that the courts' assistance should be restricted to ensure
the effectiveness of arbitration.
It, in addition, investigates complementary mechanisms to arbitration for
providing interim protection in order to show that such mechanisms
enhance the effectiveness of arbitration for a period prior to the
appointment of an arbitrator.
The thesis also endeavours to establish the standards of procedure and
principles in regard of arbitral provisional measures, for instance, form,
requirements and types of arbitral provisional measures. The
establishment of these standards and principles makes arbitration a
more consistent and predictable dispute resolution mechanism. It thus
boosts the effectiveness of arbitration.
It finally discusses the enforcement of arbitral provisional measures to
show that some of these measures are effective without any coercion
and that some others, however, necessitate the use of coercive powers,
which are lent by judicial authorities.||en_US