CMS Expert Guide to interim measures

Welcome to the CMS Expert Guide to Interim Measures.

The CMS Expert Guide to Interim Measures is a tool for practitioners and in-house counsel to gain an overview of the interim measures available in their own and in the other European jurisdictions, written by practitioners from the relevant country.

When a party engaged in international commerce has to consider taking urgent legal steps against a business partner or a competitor, interim measures will often become necessary to protect its position, both in the company’s own and in other jurisdictions. In fact, interim measures are frequently the only way to ensure swift and efficient safeguarding of the applicant’s interest.

Our Guide to Interim Measures provides the answers to the questions inevitably arising at this juncture: What measures are available in which country? What are the procedural requirements to obtain an interim order? Is there an ex parte measure available? How much time will it take until the court decides?

In our Guide, there is a chapter about interim measures for each jurisdiction, addressing the following topics:

  1. Applicable Law
  2. Jurisdiction
  3. Types of Interim Measures and their Criteria
  4. Procedural and Evidential Requirements for Interim Measures
  5. Legal Safeguards for the Respondent
  6. Timing of Interim Measures
  7. Costs
  8. Remedies Against the Decision on Interim Measures
  9. Enforcement of an Interim Measure
  10. Interim Measures in International Commercial Arbitration

For the time being, the CMS Guide to Interim Measures includes the following countries: Albania, Austria, Bulgaria, China, England & Wales, France, Hungary, Romania, Russia, Scotland, Slovenia and Switzerland. More jurisdictions will be added in the next few weeks.

We hope you will find this Guide a helpful and valuable resource. Should you have any further questions, please do not hesitate to contact the editors of this Guide or the CMS practitioners of the relevant countries.