Provisional and Protective Measures under Austrian Arbitration Law

İngilizce (OpenAlex)

INTERIM PROTECTION of rights had been righty considered one of the hurdles confronting the development of arbitration in the last decade of the twentieth century. For this reason, nearly all arbitration laws amended within that decade addressed the issue of interim protection. For example, the English Arbitration Act 1996 deals with the issue of provisional and protective measures1 (‘provisional measures’) granted by arbitrators and courts.2 Likewise, this issue is neatly handled by the German Code of Civil Procedure enacted in 1998.3 In addition to the permission it gives to parties to apply to a court for provisional measures, this legislation empowers arbitrators to grant such measures and allows the enforcement through courts of these arbitral measures. Indeed, in particular this last point was one of the issues on which the German Code differs from its origin, the United Nations Commission on International Trade Law (UNCITRAL) Model Law...