| Commentary

38 Power to make provisional awards

| Commentary

38 Power to make provisional awards

If the parties agree (and only if they agree) the arbitral tribunal may grant, on a provisional basis, any relief which it would have power to grant in a final award1. This may include2:

  1. 38.1

        a provisional order for the payment of money or the disposition of property as between the parties; or

  2. 38.2

        an order to make an interim payment on account of the costs of the arbitration.

Any such order will be subject to the tribunal’s final award, which must take account of the provisional order3.

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