Interim measures of relief a. An arbitral tribunal established under this Article may recommend an interim measure of protection to preserve the rights of a disputing Contracting Party or to ensure that the Tribunal’s jurisdiction is made fully effective.
Interim measures of relief. (a) An arbitral tribunal established under this Article may (order or)22 recommend an interim measure of protection to preserve the rights of disputing party or to ensure that the Tribunal's Jurisdiction is made fully effective, including an order to preserve evidence in the possession of control of a disputing Party. A Tribunal may recommend the non-application of the measure alleged to constitute the breach of obligation subject to the dispute.
Interim measures of relief. Availability of interim measures largely depends on international conventions, national legislation and institutional rules. Interim measures are seen as crucial to protecting the parties’ rights by assisting the arbitral tribunal and court to manage risk and improve effectiveness of the arbitration proceedings. Nevertheless, the parties may have valid concerns that the national courts in foreign jurisdictions will not act sufficiently quickly, or will fail to provide an impartial and competent solution. Therefore, the parties may seek to constrain the supporting role of the national courts and the consequent risk by granting the arbitrator the power to order interim relief. In this regard, the parties may seek to adopt rules that provide a definition of interim measures that is non-prescriptive to provide the tribunal with a broad power to apply interim measures to the range of actions to be prevented or refrained from being taken during the arbitration process. All the major international arbitration rules now contain provisions that confer on the arbitral tribunal the authority to grant interim and conservatory measures. The arbitration rules define the scope and function of the tribunal’s power to grant interim measures and, in some instances, may describe the enforcement role of national courts. The extent of enforcement nonetheless ultimately is determined by the national law of the pertinent court. Generally, the parties may seek either to restrain or stay an activity, order that a particular action be taken, or provide security for costs. The arbitration rules, however, can differ with respect to the specified forms of interim relief that may be granted. Some arbitration rules simply provide that the tribunal may grant any interim or conservatory measures the tribunal “deems necessary,” while others provide for a highly specific identification of available relief, the breadth of which must be interpreted by the arbitrators on a case-by-case basis. Tribunals established under certain arbitration rules will have the power to issue interim measures by default (unless the parties agree otherwise) without the need for an authorization by the parties. Rules also differ with respect to the considerations the tribunal should take into account before granting or denying a party’s application for interim relief. As an example, some rules provide that a party must satisfy a particular evidentiary showing before an application for interim relief should be gr...
