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Temporary Remedies in the Cape Town Convention

Gilles Cuniberti,
Professor of Private International Law
of the University of Luxembourg

The article examines the nature of remedies used in anticipation of a final judgment which are provided by Article 13 of the Cape Town Convention. The author claims that the wording and history of the adoption of Article 13 do not allow to make a final conclusion about the nature of this rule. Article 13 establishes something between preliminary interim measures and remedies which can be applied at the last stage of judicial proceedings. This new provision is different from remedies which are commonly found in national legal systems. The author also believes that the lack of clarity for the provision these new means of protection not only makes it difficult to interpret the Convention, but also reduces its practical significance because lawyers and their clients need to know what in reality Article 13 means. Therefore, the author offers two interpretations of the meaning of remedies set out in Article 13: interim measures or provisional measures to ensure compliance of law. The rationale behind each option is the goal pursued by the parties in each case when they provide the possibility of using remedies recognized in Article 13 at the contract.

Keywords: interim measures of the court; Cape Town Convention.

References 

  Goode R. The Official Commentary on the Convention on International Interests in Mobile Equipment and Protocol thereto on Matters Specific to Aircraft Equipment. Revised and enlarged edition. UNIDROIT, 2008. 
   Zuckerman A. Zuckerman on Civil Procedure – Principles of Practice. 2nd ed. Sweet & Maxwell, 2006. Marie-Laure Niboyet and Géraud de Geouffre de La Pradelle. Droit international privé. LGDJ, 2007. 
   Zöller R. Zivilprozessordnung. 29th ed. Schmidt, 2012. 

Information about the author 

  Gilles Cuniberti (Luxembourg) – Professor of Private International Law of the University of Luxembourg (4, rue Alphonse Weicker L-2721 Luxembourg; e-mail: gilles. cuniberti@uni.lu).


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Gilles Cuniberti