PhD student Marija Vitulskė (VU Faculty of Law, Private law department) will defend the dissertation „Application of Provisional Measures in International Commercial Arbitration“.
The dissertation seeks to examine the peculiarities of the application of provisional measures in international commercial arbitration, paying attention to the degree of certainty and discretion in the application and enforcement of these measures. First, the dissertation examines whether the measures are standardized in one way or another due to interaction with applicable law and national courts. Secondly, many procedural issues are still not defined, leaving it to the discretion of the arbitrators. However, such uncertainty may have a negative effect if the discretion of the arbitrators interacts with the discretion of the national courts and applicable law.
The dissertation consists of four parts. First part deals with the nature of the arbitral proceedings, arbitral tribunal’s right to order provisional measures, the principles and conditions for the application of provisional measures. Second part deals with aspects regarding selection and application of interim relief in arbitration: restrictions, protected interests, types of measures, form, procedures for granting, amendment and cancellation of the measures and possible sanctions for non-compliance. Third part examines application of interim relief in arbitration prior to the formation of an arbitration tribunal, the institute of emergency arbitrator and a referral to the state court as a surviving alternative. Fourth part addresses the issue of enforcement of provisional measures. It analyses the assistance of state courts in the application of interim relief by arbitrators, application of the measures by state courts and the right of the parties to refuse state courts‘ assistance.