(1) It is not incompatible with an arbitration agreement for a party, before the constitution of the arbitral tribunal, to request a court to grant an interim measure of protection (“Interim Measure”) or to apply for Emergency Relief pursuant to Article 53.
(2) After the constitution of the arbitral tribunal and during the arbitration proceedings, a request for an Interim Measure or modification thereof may be made with the arbitral tribunal or, to the extent that the arbitral tribunal has no power to act or is unable to act effectively, with the court.
(3) Any party may request that an Interim Measure be granted against any other party. (4) Such relief may be granted to:
- prevent irreparable loss or injury;
- provide security for the performance of any obligation;
- produce or preserve any evidence;
- maintain or restore the status quo pending the determination of the dispute;
- take action to prevent, or refrain from taking action that is likely to cause current or imminent harm or prejudice to the arbitration;
- provide a means of preserving the goods in dispute and any other assets out of which the award may be satisfied, including appointment of receivers or detention, preservation and inspection of property; or
- compel any other appropriate act or omission.
(5) The party requesting an Interim Measure under paragraph (4) (a), (d), (e) and (f) of this Article shall satisfy the arbitral tribunal that:
- harm not adequately reparable by an award of damages is likely to result if the measure is not ordered, and such harm substantially outweighs the harm that is likely to result to the party against whom the measure is directed if the measure is granted; and
- there is a reasonable possibility that the requesting party will succeed on the merits of the claim. The determination of this possibility shall not affect the discretion of the arbitral tribunal in making any subsequent determination.
(6) With respect to other forms of Interim Measure, the requirements under paragraph 5 of this Article shall apply only to the extent the arbitral tribunal considers appropriate.
(7) An Interim Measure may be requested by written application transmitted by reasonable means to the arbitral tribunal and to the party against whom the measure is sought, describing in appropriate detail the precise relief, the party against whom the relief is requested, the grounds for the relief, and the evidence supporting the request.
(8) The order shall be binding upon the parties.
(9) The arbitral tribunal may modify, suspend or terminate the Interim Measure it has granted, upon application of any party or, in exceptional circumstances and after prior notice to the
parties, on the arbitral tribunal’s own initiative.
(10) A party who does not comply with the Interim Measure shall be liable for all damages resulting from non-compliance, including all cost and reasonable legal fees paid in obtaining judicial enforcement.
(11) Either party may apply with the court for assistance in implementing or enforcing the Interim Measure ordered by the arbitral tribunal.
(12) The arbitral tribunal may require any party promptly to disclose any material change in the circumstances on the basis of which the Interim Measure was requested or granted.
(13) The order granting an Interim Measure may be conditioned upon the provision of security for any act or omission specified in the order.
(14) The party requesting an Interim Measure may be liable for any cost and damages caused by the Interim Measure to any party if the arbitral tribunal later determines that, in the circumstances then prevailing, the Interim Measure should not have been granted. The arbitral tribunal may award such cost and damages at any point during the arbitral proceedings