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8 Obtaining Preliminary Relief »

Robert H. Smit, Tyler B. Robinson, Janet M. Whittaker
From: International Commercial Arbitration in New York (2nd Edition)
Edited By: James H. Carter, John Fellas
This chapter examines the rules, laws, and practices in New York relating to preliminary measures in support of arbitrations that are international in character. Preliminary relief, also referred to as interim relief or preliminary measures, broadly refers to the interim prescriptive measures a court or arbitral tribunal may take to ensure that the arbitration will provide an effective forum for the resolution of the parties’ dispute. Preliminary relief may contemplate, inter alia, protection of assets or property that is the subject of the dispute, preservation or production of evidence relevant to resolving the dispute, or vindication of the jurisdiction of the arbitral tribunal to decide the dispute. It thus serves to protect the efficacy of the arbitral process by equipping parties in arbitration with tools for preventing another party’s frustration of the process. Both arbitrators and national courts can issue preliminary relief in aid of arbitration.