Abstract
Interim measures may offer a solution to obstructive tactics in international commercial disputes. While arbitral tribunals’ authority to grant provisional relief is now widely recognized, enforcement remains legally uncertain and fragmented, undermining the promise of this solution. Acknowledging that proposals for a supranational treaty on enforcement of interim measures or an amendment to existing treaties are unrealistic, this article offers a critical analysis of existing enforcement models– court assistance, exequatur, and mixed approaches–and evaluates them through the lens of legal certainty and efficiency. The article argues that the exequatur model, supported by a dynamic interpretation of the New York Convention, provides the most effective path toward an efficient resolution of international disputes, promoting international commerce in the long run. In lieu of treaty reform, the article advocates for a best practices approach, facilitating the adoption of the exequatur model across jurisdictions.
Recommended Citation
Sophia Kubo,
Interim Measures in International Commercial Arbitration: Revisiting Enforceability,
47
Mich. J. Int'l L.
381
(2026).
Available at:
https://repository.law.umich.edu/mjil/vol47/iss3/3