If arbitration is to be equally efficient as judicial mechanisms of dispute resolution, it must provide an equivalent system of immediate interim protection of parties’ rights and property until the decision on the merits of the case. Therefore, modern arbitration legislations recognise the right of arbitral tribunals to issue interim measures and provide the possibility of enforcement of such measures. A delicate balance needs to be reached between the need for swift action on one hand and the protection of constitutionally guaranteed procedural rights (such as the right to be heard) on the other hand. Th e article discusses the problems that arise in this sphere, taking into account the latest changes to the UNCITRAL Model Law on Arbitration and their implementation in Slovenian law.
interim measures
right to be heard
ex parte measures
preliminary orders
adversarial procedure
enforcement
UNCITRAL Model Law
Matija Damjan, Ph.D. is a research fellow at the Institute for Comparative Law at the Faculty of Law, University of Ljubljana. In his research, he primarily focuses on the areas of private and commercial law. He was a member of the expert group that prepared the draft Slovenian Arbitration Act, enacted in 2008.
e-mail: matija.damjan@pf.uni-lj.si