تنازع الاختصاص بين القضاء و هيئة التحكيم في اتخاذ التدابير المؤقتة أو التحفظية

Abstract EN

Although the subject of a dispute of jurisdiction between the national jurisdiction and the arbitral tribunal in taking Provisional or interim measures is not a new, disagreement remains, because of the different positions of international conventions and national legislation, which revealed cases of conflict between national jurisdiction and the arbitral tribunal.

In addition, who is competent to take Provisional or interim measures? This question remains, even if there is a Clause in the arbitration Agreement with the task of taking such measures from the arbitral tribunal.

The obligatory nature of Provisional interim measures, leads to the question of the validity and efficiency of the arbitral tribunal in taking such measures.

This study comes to present arguments for balancing these views with the arguments that were based on them, in an attempt to reverse the trend that could be more useful in practice, and to prevent the loss of time and effort to obtain an order for such measures.