The following Arbitration guidance note Produced in partnership with Tameka Davis of Conyers Dill & Pearman provides comprehensive and up to date legal information covering:
A party to an international commercial arbitration may wish to obtain interim protection to enforce the status quo or otherwise protect its position. This protection may be necessary at any stage of the arbitral process. While it is a general principle of international arbitration that parties must refrain from any act which might have a prejudicial effect on the execution of the ultimate award or from any acts which might aggravate or extend the dispute, this is small comfort to an applicant faced with a respondent who may be intent on taking steps before, after or during an arbitration ultimately to the applicant’s detriment. It is for this reason that the power of the court and arbitrators to grant interim protective measures in aid of arbitration is of crucial importance.
The British Virgin Islands (BVI) Arbitration Act 2013 (the BVI Act) provides a clear regime for the grant of interim measures permitting both arbitrators and the court to take these necessary steps. The BVI Act largely adopts article 17 of the UNCITRAL Model Law on International Commercial Arbitration (the Model Law), although with notable derogations—see Practice Note: Enforcing arbitral awards in the British Virgin Islands (BVI).
The jurisdiction of an arbitrator to grant interim measures is at
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