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This post is by Alberto Pomari, LLM Student at the University of Pittsburgh School of Law and JD Student at the University of Verona School of Law. Among its provisions, this law amends part of the Italian arbitration law with a view toward making arbitration in the country more appealing to individuals and foreign investors.
And while the Court does not make a human rights analysis, it could be argued that this Opinion is in perfect harmony with the current approaches taken in human rights law. Timely resolution of return petitions is important in part because return is a “provisional” remedy to enable final custody determinations to proceed.
Interim relief or measures, which are also known as conservatory and provisionalremedies, provide a decision on the merits by the Arbitral Tribunal or Court to a party with an immediate and temporary protection of rights for property.
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