Provisional Relief definition
Examples of Provisional Relief in a sentence
Nothing in this allowance of Provisional Relief shall be construed as a waiver of any right a Party may have or hereafter acquire to pursue any other remedies available to it for a breach or threatened breach, including recovery of damages.
The court deciding Provisional Relief is authorized to consider the merits of the arbitrable controversy for the limited purpose of evaluating the elements of probable success and irreparable injury necessary for the requested Provisional Relief under controlling law.
DISPUTES 36 12.1 Dispute Resolution 36 12.2 Mediation 37 12.3 Jurisdiction and Venue 37 12.4 Provisional Relief 38 12.5 Consolidation of Matters 38 ARTICLE 13.
Except with respect to Provisional Relief (as defined below), compliance with the Dispute Notice and negotiation provisions hereof shall be a condition precedent to the filing of any action involving a Dispute.
Notwithstanding the requirements of Sections 11.1 and 11.2 hereof, a Party may seek from a Competent Court (as defined below) any interim or provisional relief that may be necessary to protect the rights or property of that Party ("Provisional Relief") without first serving a Dispute Notice or first attempting to settle the Dispute.
The court to which the application is made is authorized to consider the merits of the arbitrable controversy for the limited purposes of evaluating the elements of probable success and possibility of irreparable injury to the extent required and applicable for the issuance of Provisional Relief under controlling law.
Following the appointment of a Referee pursuant to Section 11.5 thereof, any Provisional Relief which would be available from a court of law shall be available from the Referee subject to the limitations set forth in Section 11.7 hereof.
Following the appointment of a Referee pursuant to Section 11.5 hereof, any Provisional Relief which would be available from a court of law shall be available from the Referee subject to the limitations set forth in Section 11.7 hereof.
All determinations of final relief, however, will be decided in arbitration, and pursuing Provisional Relief shall not waive rights under this Agreement.
Prior to the constitution of the arbitral tribunal, a Party seeking Provisional Relief shall seek relief exclusively from (1) an Emergency Arbitrator under the ICC Rules or (2) the courts of the State of New York in the borough of Manhattan and from no other court.