The Formative Conditions and the Deadline for Requesting the Writ of Interim Injunction in the National and International Arbitration

Abstract

One of the features of arbitration is swiftness in examination in order to settle the disputes. As a result, the popular tendency toward the entity of arbitration instead of referring the dossiers to the judicial court is more pervasive. In some cases, however, referring to the judicial court is unavoidable for settling the disputes in such a way that refraining from consulting with the court leads to irreversible damages. Accordingly, the interim injunction which is a transient and exceptional measure adopted to protect the rights of the claimant comes to be known. Interim injunction in urgent matters should be issued after the recognition of urgency by the relevant and reliable authority.

Issuing the interim injunction for the arbitrators in the internal arbitration regulations of the civil procedure has been done in silence; however, in Iran’s International Commercial Arbitration Rules ratified in 1997, this authority has been explicitly foreseen for the arbitrators.

In the present article, we try to answer this question that when the proposal for the issuance of the interim injunction in the national and international arbitration should be put forward and what the formative condition for requesting the interim injunction in the arbitration entity is.

Keywords: arbitration, interim injunction, request for the issuance of interim injunction, urgency