International Arbitration Act · s 16

Suggest a correction

Tell us what is wrong in this text. We check every suggestion against the official version before we change anything.

What is wrong?Wrong or mistyped wordsWrong structure or numberingWrong title or detailsText that appears twice

What should change, and whyUp to 2,000 characters.The text as it should read (optional)Edit the text above. Up to 20,000 characters.Where you checked it (optional)A link to the official version, if you have one.

The text as we hold it

Open the official text

s 16Conditions for granting interim measures

(1)

The party requesting an interim measure under section 15(8)(a), (b) and (c) shall satisfy the arbitral tribunal that —

(a)

harm not adequately reparable by an award of damages is likely to result if the measure is not ordered, and such harm substantially outweighs the harm that is likely to result to the party against whom the measure is directed if the measure is granted; and

International Arbitration 16

(b)

there is a reasonable possibility that the requesting party will succeed on the merits of the claim. The determination of this possibility shall not affect the discretion of the arbitral tribunal in making any subsequent determination.

(2)

With regard to a request for an interim measure under section 15(8)(d), the requirements in section 15(8)(a) and (b) apply only to the extent the arbitral tribunal considers appropriate.