2016.ANA METIN ingilizce.01

UNCITRAL Model Law on International Commercial

Arbitration

With the amendments made in 2006, the UNCITRAL Model Law

on International Commercial Arbitration (“Model Law”) covers the

enforcement of interim measures, under Article 17 H. The relevant arti-

cle sets forth that an interim measure issued by an arbitral tribunal shall

be recognized as binding and, unless otherwise provided by the arbi-

tral tribunal, enforced upon application to the competent court, irre-

spective of the country in which it was issued, subject to the provisions

of Article 17 I

Additionally, the Model Law, under Article 17 I, provides for the

grounds to refuse recognition or enforcement of interim measures. The

Model Law also emphasizes that these conditions are intended to limit

the circumstances in which national courts may refuse to enforce an

interim measure, and the states may adopt fewer circumstances in

which enforcement may be refused by the national courts.

Conclusion

The enforcement of arbitrator-granted interim or conservatory

measures is worth analyzing, based on the absence of harmonized

solutions on the issue. The application of the NewYork Convention for

the enforcement of these measures is controversial, both among nation-

al courts and commentators. The Model Law suggests that states adopt

national law provisions, which would permit the enforcement of these

measures by national courts. Even though there is no harmonized solu-

tion for the problem of arbitrators’ lack of coercive powers, the parties

tend to abide by the measures, since it would give a negative message

to the arbitrators when a decision on the merits is pending.

ARBITRATION LAW

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UNCITRAL Model Law on International Commercial Arbitration, with amendments as adopt-

ed in 2006. Source:

Ebook.pdf.