The following Arbitration guidance note Produced in partnership with Clifford Chance provides comprehensive and up to date legal information covering:
Interim and emergency measures are important ways in which national courts and arbitral tribunals can support the arbitration process.
The term 'interim and emergency' covers a wide range of measures including injunctions and preservation orders which, largely, ensure that the arbitral process is not undermined by rendering an award impossible to perform or futile.
The measures or relief available to parties from the tribunal will be determined in part by the arbitration rules (if any) which they have agreed to use, and those seeking such measures should be clear on the powers of the relevant tribunal. The law of the seat is also likely to be relevant in determining the scope of the powers available to the tribunal.
Parties may, and should, also look to courts that have jurisdiction in respect of their arbitration (ie the courts of the seat of the arbitration) to assist in addition to or instead of the tribunal. The choice between applying to the court or tribunal (or both) is outside the scope of this Practice Note, but in the context of the English Arbitration Act 1996 (AA 1996), see Practice Note: AA 1996—interim and/or emergency relief—tribunal or court?
This Practice Note considers relevant provisions of the arbitration rules of the International Court of Arbitration of the International Chamber of Commerce (ICC), the London Court of International Arbitration (LCIA),
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