A landmark case law in applying interim measures

During the AAA arbitration in New York City, Dreymoor applied to Vilnius Regional Court in Lithuania with a request to apply interim measures and attach the client’s asset. The court applied interim measures.

After our appeal, the Lithuanian Court of Appeals overruled the ruling canceled the interim measures and remitted the case back to the Vilnius Regional Court.

The Lithuanian Court of Appeals established new case law rules for this type of case. For example:

• it is advisable to notify the respondent about the request for interim measures;
• it is necessary to clarify the status of the pending arbitration case;
• it is important to check whether in both cases the claimant seeks similar measures and whether the Arbitral Tribunal is in a better position to evaluate and grant relevant interim measures.

This ruling is going to be a landmark case law in applying interim measures assisting commercial arbitration.