Three Crowns partners Shaparak Saleh and Reza Mohtashami KC, associates Etienne Vimal du Monteil and Akash Karmarkar, and international associate Samhith Malladi have contributed four chapters to the recently published treatise on Provisional and Emergency Measures in International Arbitration, edited by Julien Fouret (Edward Elgar Publishing 2023).
Shaparak and Etienne co-authored a chapter on arbitral ex parte measures, in which they analysed the arguments in favour and against ex parte interim relief in international arbitration, examined how such relief has been addressed in the main arbitration rules and national arbitration laws, and questioned the opportunity of ex parte emergency arbitration.
Reza, Samhith, and former associate of Three Crowns, Clara Florin, co-authored a chapter on prima facie jurisdiction of the arbitral tribunal over the parties and their dispute as a substantive requirement for ordering provisional measures.
Akash is a co-author, along with Squire Patton Boggs partner José Feris, of chapters on the sources of arbitrators’ powers to grant provisional measures, and the scope and jurisdiction of those powers under institutional arbitration rules.
The increase in the complexity and length of international arbitration procedures has resulted in a growing demand for both provisional and emergency measures to facilitate the preservation of the parties’ rights until a final award is rendered. In Provisional and Emergency Measures in International Arbitration, Julien Fouret has brought together many of the leading international arbitration practitioners to examine this highly topical subject. Each chapter offers a thorough analysis both in commercial and investment arbitration. This important new publication will be beneficial to legal practitioners, academics, and arbitrators who want to gain a deeper understanding of both the principles and specific rules on provisional and emergency remedies established under the major arbitral rules and tribunals.
Critical Acclaim
Claudia Salomon, President of the ICC International Court of Arbitration, emphasises that, “The first of its kind on the subject, this comprehensive and detailed treatise will ensure that practitioners and arbitrators alike are equipped with the most effective tools on how and when to employ and enforce interim measures in international arbitration.”
Alexis Mourre of MGC-Arbitration notes, “The book features contributions by the most experiences practitioners in the field, covering issues ranging from the source of the arbitrators’ powers to issue interim measures (in the silence of the lex arbitri or the arbitration agreement, do arbitrators have implied or inherent powers to make these decisions?) to the interplay between the arbitrators and the judge’s powers (does an arbitration agreement prevent the parties from seeking judicial remedies? Is the situation different before or after the arbitration?) and the nature of the relief sought (Substantive? Obligation not to do? Injunction to perform? Preserving evidence? Are there limits to the Eagle’s flight of interim measures? What about anti-suit-injunctions? Security for costs?). It analytically deals with the applicable standard for the granting of interim measures under different laws and arbitration rules (prima facie case, risk of irreparable harm, preserving status quo, proportionality, etc…), as well as many complex procedural issues, some of which are still hotly debated, such as whether arbitrators should entertain ex parte applications) to conclude with an in-depth analysis of their enforcement as well as their specific aspects in the realm of investment arbitration. The book, because of its quality, its international breadth and the range of questions it covers, is an invaluable contribution to our practice and it will soon become an indispensable tool for any arbitrator, counsel or student of academic dealing with matters which importance for international arbitration cannot be overstated.”
ABOUT REZA MOHTASHAMI KC
Reza is a partner in the London office. He has represented clients as counsel and advocate in more than 90 arbitrations conducted under a variety of arbitration rules in many different jurisdictions. Reza has particular expertise in disputes arising in emerging markets with a focus on the telecoms, energy, and infrastructure sectors.
Reza is a trustee of the Bahrain Chamber of Dispute Resolution, a member of the LCIA Court, and an editorial board member of Global Arbitration Review. He is a former Vice-Chair of the IBA Arbitration Committee, a past president of the LCIA Arab Users’ Council, a trustee of the DIFC-LCIA Arbitration Centre, and editorial board member of the ICC Dispute Resolution Bulletin.
ABOUT SHAPARAK SALEH
Shaparak is a partner in the Paris office. She has acted as counsel in a large number of commercial arbitrations both ad hoc and institutional, including under the ICC, IEMA, LCIA, UNCITRAL, and VIAC rules. Her experience includes post-M&A disputes, and disputes in the construction, energy, aeronautics, space, telecommunications, food, chemicals, and pharmaceutical sectors, relating to projects in Asia, the Middle East, Africa, and Europe.
Shaparak also has broad experience in pre- and post-arbitration litigation before the French courts, having represented clients in some 25 set-aside proceedings. She is recognised in Global Arbitration Review, Who’s Who Legal, and Décideurs.
ABOUT ETIENNE VIMAL DU MONTEIL
Etienne, an associate in the Paris office, represents private and sovereign clients in commercial and investment treaty arbitrations under the leading institutional and ad hoc rules. His practice covers various industries and continents, with a focus on energy and construction, in North and West Africa and the Middle East. Etienne also has experience of enforcement and set aside proceedings before the French courts.
ABOUT AKASH KARMARKAR
Akash is an associate in the Paris office. He has significant experience in advising States, State-owned entities, and private corporations in international commercial arbitrations, investment arbitrations and cross-border disputes. He works across a range of sectors, including construction, banking and finance, oil & gas, and private equity.
ABOUT SAMHITH MALLADI
Samhith is an international associate in the Singapore office. He has experience in international commercial and investment arbitration. He has acted for companies and states in relation to a variety of arbitrations including in the energy, infrastructure and resource extraction industries and under several institutional rules such as the ICC, LCIA, SIAC and UNCITRAL arbitration rules. Samhith also has experience in arbitration-related litigation in Indian courts.