International Arbitration Act · 2024 Revised Edition · Part · International Commercial Arbitration
18. Specific regime for preliminary orders
Official textFrom Attorney General's Chambers, unchanged
Immediately after the arbitral tribunal has made a determination in respect of an application for a preliminary order, it shall give notice to all parties of the request for the interim measure, the application for the preliminary order, the preliminary order, if any, and all other communications, including by indicating the content of any oral communication, between any party and the arbitral tribunal in relation thereto.
arbitral tribunal
“arbitral tribunal” means a sole arbitrator, a panel of arbitrators or a permanent arbitral institution;
At the same time, the arbitral tribunal shall give an opportunity to any party against whom a preliminary order is directed to present his case at the earliest practicable time.
party
“party” means a party to an arbitration agreement or, in any case where an arbitration does not involve all of the parties to the arbitration agreement, means a party to the arbitration.
The arbitral tribunal shall decide promptly on any objection to the preliminary order.
International Arbitration
A preliminary order shall expire after 20 days from the date on which it was issued by the arbitral tribunal. However, the arbitral tribunal may issue an interim measure adopting or modifying the preliminary order, after the party against whom the preliminary order is directed has been given notice and an opportunity to present his case.
A preliminary order shall be binding on the parties but shall not be subject to enforcement by a court. Such a preliminary order does not constitute an award.
enforcement
“enforcement”, in relation to a foreign award, includes the recognition of the award as binding for any purpose.
Terms defined in this Act
arbitral tribunal
Defined · s 2“arbitral tribunal” means a sole arbitrator, a panel of arbitrators or a permanent arbitral institution;
award
Defined · s 2“award” means a decision of the arbitral tribunal on the substance of the dispute and includes any interim, interlocutory or partial award, but excludes any orders or directions made under section 15;
enforcement
Defined · s 40“enforcement”, in relation to a foreign award, includes the recognition of the award as binding for any purpose.
party
Defined · s 2“party” means a party to an arbitration agreement or, in any case where an arbitration does not involve all of the parties to the arbitration agreement, means a party to the arbitration.