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Enforcement of Interim and Conservatory
Measures Ordered by Arbitrators
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Att. Ezgi Babur
The importance of interim and conservatory measures ordered by
arbitrators has been widely recognized in international arbitration, since
the important sets of rules regulating arbitrations set forth provisions
enabling the arbitral tribunal to rule on these measures. Interim and con-
servatory measures are more commonly used in practice, with the adop-
tion of fast-track proceedings by the important set of rules regulating
arbitration. As there is a possibility that the parties will not abide by these
measures in all of the cases, there is an emerging need to enforce these
measures outside of the seat of the arbitration. The issues arising out of
enforcement of these measures will be analyzed in this article.
In General
The parties to an arbitration proceeding may request interim and
conservatory measures from the arbitrators, as well as from the nation-
al courts. Despite the fact that arbitrators lack the powers to enforce
such measures, there are advantages to request these measures from the
arbitrators. One of these advantages may be the fact that arbitrators are
in a better position than the national judges, as they can better evaluate
the legal issues related to the dispute to be resolved through arbitration.
Additionally, the request for interim and conservatory measures may
be denied by the national judges, based on the view that the requests
are related to the substance of the cases.
As this need to request interim and conservatory measures from
arbitrators is being recognized, the most important sets of rules per-
taining to arbitral proceedings have recognized the possibility to
request these measures from arbitrators, as well as a different fast-track
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NEWSLETTER 2015
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Article of August 2015