الإجراءات التحفظية والمؤقتة أثناء سير الخصومة التحكيمية وفقاً لقرارات هيئة الأوراق المالية الإماراتية و الكويتية

الملخص EN

Interim or provisional measures are decisions issued by the arbitrator upon the request of the parties to the dispute subject to arbitration that would protect the legal rights and positions of one of the disputing parties subject to arbitration.

This research aims at knowing the opinion of both Emirati and Kuwaiti legislators about the arbitrator’s authority to take these interim or provisional measures in accordance with the Emeriti Securities and Commodities Authority Resolution No.

1 of 2001, and the arbitration system in the Kuwaiti Capital Markets Authority.

Both the Emirati and Kuwaiti legislators were keen to strike a balance between the two parties to the dispute when ordering interim or provisional measures by stipulating a financial guarantee, so as not to use this means to procrastinate the arbitration process.

The study has reached several results through research; the most important one is that both Emirati and Kuwaiti legislators authorize the arbitrator to issue interim or provisional measures according to specific conditions and if needed, in order to protect the legal rights and positions during a dispute that are presented to the arbitration tribunal.