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Zabezpieczenie w procesie arbitrażowym
Date Issued |
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2011 |
This article deals with ordering interim measures in the arbitration process. Under Lithuanian law, only one interim measure can be ordered by commercial arbitration courts. It involves granting an order to pay a cash deposit. However, under the current Lithuanian legislation, state courts have the exclusive right to order enforceable interim measures. The present situation is not satisfactory and thus should be changed. A draft of a new law on Lithuanian commercial arbitration is being considered by the legislator, according to which both state courts and commercial arbitration courts would have the independent right of discretion to order interim measures. However, there would be some differences. State courts are entitled to order interim measures irrespective of the location of the arbitration process, whereas interim measures which are provided for in the draft on Lithuanian commercial arbitration law, would be ordered by commercial arbitration courts only in their own cases.