The Enforcement of Arbitral Interim Measures in the Framework of International Commercial Arbitration, is the title of the article that analyses the function, importance and development of the arbitral interim measures in the framework of international commercial arbitration. The text examines the key issues to be considered for ensuring the effectiveness of arbitral interim provisions. In this context, the crucial point is the enforcing system of such provisional reliefs and the relevant legal evolution. Due to the norms set forth under the 2006 UNCITRAL Model Law and to the consistent alignment of most national jurisdictions, it is undeniably within the wide power, respectively, of arbitral tribunals to order interim measures and national courts to enforce such measures. However, the force of these injunctions depends on: i) the legal instruments available in each jurisdiction system where the injunctive interim measures are likely to be enforced in the case of noncompliance with the arbitral order by the enjoined party and ii) the existence of the arbitral interim provision requested in the potential place of enforcement. In that respect this paper, after having outlined the difference between the civil law and the common law jurisdictions with reference to the powers of the national courts if a party does observe the arbitral injunction, focuses on the recent case law. From the analysis of such jurisprudence, it appears that there is a nascent pre-enforcement stance of arbitral interim orders by most jurisdictions. However, some exceptions to this general trend still exist.
