سلطة إصدار التدابير الوقتية بين القضاء و التحكيم

Abstract EN

Provisional measures are urgent measures or procedures, the Arbitral Tribunal or court may issue provisional measures regards to a specified dispute.

The purpose of issuing provisional or conservative measures is to preserve the rights of dispute parties to avoid any losses, until the issuance of a judgment that has the authority of the adjudicated order, or settling the dispute that arising between the parties.

Thus, The importance of the statement of Jurisdiction and arbitration in issuing provisional or conservative measures is one of the most important Procedural Matters which we must study.

After considering Article 9 of arbitration law No.

(2) of 2017, It became clear to us through this text that the arbitration agreement may include granting the arbitral tribunal the authority to issue an order for provisional or conservative measures in the dispute that arises between the parties of the arbitration.

The arbitral tribunal may exercise this authority on its own or upon the request of one of the parties of the arbitration.

Unless the judge may order the issuance of provisional and conservative measures, either before the start of the arbitration procedures or during it, and giving the judge the authority to issue provisional measures does not mean that the parties have laid down the arbitration agreement, Rather, it is a stopgap measure before the arbitration committee is formed or the dispute is resolved, It is noteworthy that the arbitral tribunal does not have the power of compulsion possessed by the judiciary, so that the arbitral tribunal must resort to the judiciary to obtain an executive order.

And that what we will discuss in this research.