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Arbitral interim measures and the right to be heardDamjan, MatijaIf arbitration is to be equally efficient as judicial mechanisms of dispute resolution, it must provide an equivalent system of immediate interim protection of parties' rights and property until the ... decision on the merits of the case. Therefore, modern arbitration legislations recognise the right of arbitral tribunals to issue interim measures and provide the possibility of enforcement of such measures. A delicate balance needs to be reached between the need for swift action on one hand and the protection of constitutionally guaranteed procedural rights (such as the right to be heard) on the other hand. The article discusses the problems that arise in this sphere, taking into account the latest changes to the UNCITRAL Model Law on Arbitration and their implementation in Slovenian law.Source: The relationship between constitutional values, human rights and arbitration (Str. 71-86)Type of material - article, component part ; adult, seriousPublish date - 2011Language - englishCOBISS.SI-ID - 11600721
Author
Damjan, Matija
Topics
arbitražno pravo |
arbitraža |
UNCITRAL |
začasni ukrepi
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