DIAC—interim measures and security for costs

The following Arbitration practice note provides comprehensive and up to date legal information covering:

  • DIAC—interim measures and security for costs
  • Interim and conservatory measures from the tribunal
  • How do I apply for an interim measure in a DIAC arbitration?
  • Interim and conservatory measures from the court
  • Security for costs

DIAC—interim measures and security for costs

CORONAVIRUS (COVID-19): Many arbitral organisations have responded to the coronavirus pandemic with practical guidance and/or changes to their usual procedures and ways of working. For information on how this content and relevant arbitration proceedings may be impacted, see Practice Note: Arbitral organisations and coronavirus (COVID-19)—practical impact. For additional information, see: Coronavirus (COVID-19) and arbitration—overview.

Interim and conservatory measures from the tribunal

The tribunal in an arbitration under the Dubai International Arbitration Centre Arbitration Rules (DIAC and the DIAC Rules) has the power to issue provisional orders or take any other interim or conservatory measures (including injunctions) that it deems necessary, including to conserve goods which form part of the subject matter in dispute (DIAC Rules, art 31). For example, in a dispute between a shipbuilder and a purchaser where the purchaser is reclaiming advance payments following the termination of the contract, the purchaser may wish to prevent the shipbuilder from selling the completed vessel or from selling the purchaser's equipment installed on the vessel. The tribunal does not have the express power to conserve assets more generally (with a view to enforcement).

The tribunal may order the applying party to pay security for the granting of such relief (DIAC Rules, art 31.1).

How do I apply for an interim measure in a DIAC arbitration?

Details of how to apply for an interim or conservatory

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