International Arbitration Act · s 17

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s 17Applications for preliminary order and conditions for granting preliminary orders

(1)

Unless otherwise agreed by the parties, a party may, without notice to any other party, make a request for an interim measure together with an application for a preliminary order directing a party not to frustrate the purpose of the interim measure requested.

(2)

The arbitral tribunal may grant a preliminary order provided it considers that prior disclosure of the request for the interim measure to the party against whom it is directed risks frustrating the purpose of the measure.

(3)

The conditions defined under section 16(1) apply to any preliminary order, provided that the harm to be assessed under paragraph (a)

of that subsection, is the harm likely to result from the order being granted or not.