Research rationale is based on the lack of effective legal mechanisms of issuance, recognition and enforcement of interim measures, absence of common approaches to their legal regulation, and uncertainty of the role of judicial bodies in assisting arbitration in applying precautionary measures and obtaining evidence. These issues give rise to both theoretical and practical detailed study of all aspects of this legal institution, as well as identifying ways to overcome the existing shortcomings of its legal regulation.
The research clarifies the legal nature of interim measures, reveals their essence and binding force on the subject of application and the range of persons, as well as describes the conditions and principles of application of such measures by arbitration. In addition, the thesis contains approaches to the legislative consolidation of the procedure for issuance, recognition and enforcement of interim measures, which were issued by international commercial arbitration in international legal acts, in the national legislation of various countries and Ukraine. A separate issue of the dissertation research is the approaches to the legislative regulation of arbitration judicial assistance procedures in the application of interim measures, as the latter cannot effectively perform its functions without close cooperation with state courts, which is implemented in the form of judicial control and assistance to arbitration.
The state of scientific developments on theoretical and practical aspects of the mechanism of issuance, recognition, and enforcement of arbitration decisions on interim measures is investigated.
As a result of the study, for the first time a classification of terms used to denote the legal phenomenon of interim measures in international commercial arbitration was provided, in particular, a classification was proposed, which is based on the conceptual meaning of these terms. As a result, the terms used are divided into two groups, namely interim measures, and urgent measures.
For the first time, the definition of the term "urgent measures" was proposed and the necessity of its use by international commercial arbitration was substantiated. Thus, the author proposes to define the term "urgent measures" as such measures that are taken in the framework of international commercial arbitration at the stage before the formation of the arbitral tribunal in order to: 1) maintain the status quo between the parties; 2) ensuring the implementation of the future arbitral award; 3) avoidance of parallel proceedings and 4) streamlining of relations between the parties regarding the subject (object) of the dispute and 5) ensuring proper arbitration of the dispute.
The author's view on the definition of the term "interim measures" is substantiated. It differs from the definition contained in the UNCITRAL Model Law on International Commercial Arbitration, as amended in 2006, and provides a more precise description of the categories of interim measures that arbitrators may apply.
The author's position is substantiated that to issue interim measures in the form of an arbitral award is not appropriate due to the different legal nature of the arbitral award as the arbitrators' decision on the merits and the arbitrator's decision (emergency arbitrator) on interim measures.
