중재판정부의 임시적 처분에 관한 미국 판례의 해석과 함의
The U.S. Courts' Interpretation of Arbitral Tribunal's Provisional Measures and its Implications
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The U.S. Courts' Interpretation of Arbitral Tribunal's Provisional Measures and its Implications Ha, Choong-Lyong․Park, Won-Hyung One of the parties to an arbitration may be concerned that while the process is continuing, his opponent may act in such a way as to nullify any benefits that the arbitration will ultimately provide. This concern often takes the form of a desire to preserve the status quo until the case is finally decided. If some provisional remedy is not made available in these circumstances, any arbitration process might turn out to be merely a hollow formality. Furthermore, the interim measures would be rendered a meaningless exercise of the arbitrators' power if it were not enforced. Many of the problems with enforceability of interim measures of protection could be reduced if arbitration rules provided more guidance so the parties, courts, and arbitrators would know the rights and responsibilities of the arbitral tribunal. By clarifying the arbitral tribunal's rights and responsibilities, there will be less need to seek assistance from the courts. This will make arbitration an even more attractive means for dispute resolution.
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