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PRACTICE NOTES
This Practice Note provides an overview of the interim measures available in support of arbitration proceedings seated in Switzerland. It addresses the powers of arbitral tribunals and Swiss courts, the applicable legal framework, and the conditions under which such measures may be granted and enforced. Chapter 12 of the Swiss Private International Law Act (PILA), as revised with effect from 1 January 2021, governs international arbitrations seated in Switzerland. Pursuant to PILA art. 183, arbitral tribunals may, at the request of a party, order interim or conservatory measures, unless the parties have agreed otherwise. Where a party does not voluntarily comply with such measures, the arbitral tribunal or a party may request the assistance of the competent state court, which shall apply its own law. Both arbitral tribunals and state courts may make interim measures conditional upon the provision of appropriate security. Article 183 of PILA provides that: • unless the parties have agreed otherwise, the arbitral tribunal may, at the request of a party, order interim measures or
PRACTICE NOTES
ARCHIVED: This archived Practice Note provides destination and derivation tables for the changes to Part 25 of the Civil Procedure Rules (CPR) and related Practice Directions which came into force on 6 April 2025. It is not maintained and is for background information only. The CPR relevant to interim remedies were amended with effect from 6 April 2025. CPR 25 was substituted in its entirety and Practice Directions 25A and 25B were revoked. The following standard orders included in Practice Directions 25A, Annex A and Annex B were likewise revoked as from 6 April 2025: • draft freezing injunction • draft search order • draft imaging order In place of the above standard orders, the following three model orders entered into force on 6 April 2025: • Model Order for a Freezing Injunction • Model Order for Proprietary and Freezing Injunctions • Model for a Search and Imaging Order PDF versions of the above model orders which provide an
GLOSSARY
An order for a remedy made before or during the course of proceedings, pending the final resolution of litigation.
PRACTICE NOTES
This Practice Note sets out what interim rent is, how and when an interim rent application can be made under the Landlord and Tenant Act 1954 (LTA 1954), the methods of calculating interim rent and the effect of discontinuing lease renewal proceedings on an interim rent application. What is interim rent? Interim rent is an amount which, pursuant to LTA 1954, s 24A, a tenant is to pay while its tenancy is continued pursuant to LTA 1954, s 24. For details of the requirements which must be satisfied in order for a business tenancy to be continued by LTA 1954, s 24, see Practice Note: LTA 1954 business lease renewal—termination. Note that there is no right to apply for an interim rent where a tenancy is being continued pursuant to: • LTA 1954, s 28, as a result of an agreement for the grant of a future tenancy, or • LTA 1954, s 36(2), where, following the revocation of an order granting a new tenancy, the current tenancy is continued by agreement or order to allow time for the landlord
GLOSSARY
The amount of rent which a tenant pays whilst its tenancy is continued pursuant to LTA 1954, s 24, where an application for interim rent is made by the landlord or tenant.
PRECEDENTS
Objectives agreed at last appraisal Objectives How objectives may be achieved and results measured Target completion date [Insert from appraisal form] [Insert from appraisal form] [Insert from appraisal form] [Insert from appraisal form] [Insert from appraisal form] [Insert from appraisal form] [Insert from appraisal form] [Insert from appraisal form] [Insert from appraisal form] [Insert from appraisal form] [Insert from appraisal form] [Insert from appraisal form] [Insert from appraisal
PRACTICE NOTES
This Practice Note provides practical guidance on interim review investigations in respect of anti-dumping duties. It provides guidance on the legal basis for an interim review, the application and initiation of an interim review and the conduct of an interim review. Introduction The World Trade Organization’s (WTO) Agreement on the Implementation of Article VI of the General Agreement on Tariffs and Trade 1994 (the ‘Anti-dumping Agreement’) makes provision for numerous reviews that may occur in the duration of anti-dumping duties. One such review is commonly referred to as an interim review or changed circumstances review. The purpose of an interim review it to cater for cases where there is no longer a need to have the anti-dumping duties imposed or where the anti-dumping duties must be increased. This caters for, in the first instance, for situations where there either is no dumping or there is no more injury or, in the second instance, situations where dumping and injury have increased. Legal basis for an interim review The Anti-dumping Agreement provides that anti-dumping duties
PRACTICE NOTES
This Practice Note provides practical guidance on interim review investigations in respect of countervailing measures. It provides guidance on the legal basis for an interim review, the application and initiation of an interim review and the conduct of an interim review. Introduction The World Trade Organization’s (WTO) Agreement on the Subsidies and Countervailing Measures (the ‘SCM Agreement’) makes provision for numerous reviews that may occur in the duration of countervailing measures. One such review is commonly referred to as an interim review or changed circumstances review. The purpose of an interim review it to cater for cases where there is no longer a need to have the countervailing measures imposed or where the countervailing measures must be amended. This caters for, in the first instance, for situations where there either is no subsidy or there is no more injury or, in the second instance, situations where subsidy and accompanying injury have changed since the original imposition of the countervailing measures. Legal basis for an interim review The SCM Agreement provides that countervailing duties
PRECEDENTS
THIS agreement is made on [date] Parties 1 [insert name of party] [of OR a company incorporated in [England and Wales] under number [insert registered number] whose registered office is at] [insert address] (Supplier); and 2 [insert name of party] [of OR a company incorporated in [England and Wales] under number [insert registered number] whose registered office is at] [insert address] (Customer), each of the Supplier and the Customer being a party and together the Supplier and the Customer are the parties. Background (A) The Supplier is a provider of [describe the services]. (B) The Customer has agreed to appoint the Supplier to provide [describe the services] involving [insert general description] for the Customer. (C) While the terms of a formal and detailed agreement are negotiated and agreed between the parties for those services, the parties have agreed that the Supplier shall be permitted to commence certain activities on an interim basis in accordance with the provisions of this Agreement. THE PARTIES AGREE 1 Definitions and interpretation 1.1 In this Agreement: Background IPR • means Intellectual Property Rights of the Supplier (or its third party provider) existing prior to the Commencement Date, or created by the Supplier (or
GLOSSARY
A type of trust deed used to establish a pension scheme.
GLOSSARY
A licensed insolvency practitioner appointed pending the award of sequestration with powers to preserve the insolvent estate of the individual or partnership in Scotland
GLOSSARY
A court order or decision.