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Interim Measures in International Civil Proceedings and Arbitration

Student: Sayfutdinov Bulat

Supervisor:

Faculty: Faculty of Law

Educational Programme: Jurisprudence (Bachelor)

Year of Graduation: 2021

Nowadays, interim measures are used in the legislative systems of various countries around the world. This is a multi-faceted and extensive legal institution, which is studied in this work. It was tasked with studying, summarizing and analyzing the practice of applying interim measures of protection in international civil and arbitration proceedings, how these instruments are used in different countries and how they differ from each other. This work is designed not only to analyze and study interim measures in foreign legal systems, but also to develop recommendations that can supplement and improve domestic legislation using foreign experience and draw the attention of the legal community to this topic. In particular, it is proposed to make changes and additions to the national legislation: clarify the penalties for refusing to enforce interim measures, develop a more detailed list for refusing to apply such measures, and establish a mechanism for effectively forcing the debtor to perform its obligations, including extreme measures such as arresting the debtor. Further, it is necessary to bring the norms of national law into line with international norms, as well as to develop contractual relations with States on the mutual recognition of judicial decisions. These measures will contribute to more effective protection of the rights and interests of the parties to the process when considering disputes with a foreign element.

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