ÁP DỤNG BIỆN PHÁP KHẨN CẤP TẠM THỜI TRONG GIẢI QUYẾT TRANH CHẤP THƯƠNG MẠI CÓ THỎA THUẬN TRỌNG TÀI

Abstract

The application of provisional urgent measures in commercial arbitration proceedings contributes to ensuring the resolution of a case, ensuring the enforcement of obligations according to the arbitration tribunal’s award, and protecting the legitimate rights and interests of the parties involved. However, in some cases, the improper or unnecessary application of provisional urgent measures may lead to negative consequences regarding the rights and interests of the party subject to such measures. Therefore, fairness in the rights and interests of the parties in the application, maintenance, and cancellation of provisional urgent measures in commercial cases with an arbitration agreement at the Court and the Arbitration Tribunal is an important issue that deserves attention and research. Based on this, the article focuses on identifying the inconsistencies in the exercise of the right to request the application of provisional urgent measures by the parties, as well as the differences between the procedure for applying provisional urgent measures in the Court and the Arbitration Tribunal in commercial cases with an arbitration agreement, thereby proposing solutions to improve the law in the application of provisional urgent measures in arbitration proceedings.