Legal Framework for Urgent Applications in Commercial Arbitration

Abstract

Abstract: This research examines the legal regulation of urgent applications in commercial arbitration as a procedural mechanism aimed at providing temporary protection for legal positions during arbitral proceedings, without prejudice to the substance of the right in dispute. The research problem lies in the lack of clarity regarding the distinction between urgent applications and conservatory measures, as well as the divergence among legislations in determining the competent authority to consider such applications, whether the arbitral tribunal or the national judiciary. The research focuses on clarifying the effect of the parties’ agreement in determining such jurisdiction, the limits of the arbitral tribunal’s authority to issue interim measures, and the extent to which state courts may be excluded from considering urgent applications. The research concludes that the effectiveness of commercial arbitration cannot be fully achieved without precise legislative regulation that balances the autonomy of arbitral proceedings with the guarantee of urgent judicial protection, particularly in cases where the requested measure requires coercive or enforcement powers, or where it affects public order or the rights of third parties..