Document Type

Article

Publication Date

1997

Center/Program

Center for International Commercial and Investment Arbitration

Abstract

In this article, Professor Bermann identifies and analyzes the principal problems raised by the rapidly growing phenomenon of transnational provisional relief National courts are facing serious challenges in organizing such interventions, but as yet lack a sufficiently comprehensive framework of analysis. The author begins with the clarifying distinction that provisional relief may be transnational either because of its significant effects abroad or because it lends support to protective measures ordered by foreign courts, and draws on the experiences of U.S. and foreign courts in determining the costs of both granting and withholding provisional relief He concludes that, despite the very real risk of drawing objections from other countries, US. courts should be more receptive to requests for protective measures with extraterritorial effect when shown compelling circumstances for granting them.

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