Alberto Malatesta

The essay deals with the issue of interim measures in international commercial arbitration, including a private international law stance. It is well known that in principle they can be claimed and granted (or dismissed) both by arbitral tribunal and state courts. The Author highlights and explores the main types of measures, their limits and their spatial scope under the main jurisdictions on the one hand and the arbitral practice on the other. It is noted that this concurrent jurisdiction is usually interpreted by statutes, case law and legal writers in that state courts should intervene only when the authority of arbitrators is ineffective or limited. In spite of this, it is submitted that such priority of arbitral tribunals is not justified and that on the contrary a state support, even in case of foreign arbitration, would be for the benefit of a better protection of the parties of the parties and an effective access to justice.

The Yearbook of the ILA Italian Branch aims to disseminate the work of the ILA Italian Branch and its associates, in particular the latter's contribution within ILA Committees and Study Groups, and to discuss topical issues in contemporary international law. To this end, the Yearbook features original, peer-reviewed contributions on a wide range of topics, reports on the work of ILA Committees and Study Groups, analyses of judicial and arbitral practice and book reviews.

The Yearbook of the ILA Italian Branch aims to disseminate the work of the ILA Italian Branch and its associates, in particular the latter's contribution within ILA Committees and Study Groups, and to discuss topical issues in contemporary international law. To this end, the Yearbook features original, peer-reviewed contributions on a wide range of topics, reports on the work of ILA Committees and Study Groups, analyses of judicial and arbitral practice and book reviews.