Document ID: chunk:federal_register_of_legislation:C2010A00097:schedule:2:p7
Version: federal_register_of_legislation:C2010A00097
Segment Type: schedule
Provision Reference: sch 2 (pt 7/17)
Character Range: 50702–53478

to be beyond the scope of its authority is raised during the arbitral proceedings. The arbitral tribunal may, in either case, admit a later plea if it considers the delay justified.

(3) The arbitral tribunal may rule on a plea referred to in paragraph (2) of this article either as a preliminary question or in an award on the merits. If the arbitral tribunal rules as a preliminary question that it has jurisdiction, any party may request, within thirty days after having received notice of that ruling, the court specified in article 6 to decide the matter, which decision shall be subject to no appeal; while such a request is pending, the arbitral tribunal may continue the arbitral proceedings and make an award.

CHAPTER IV A.      INTERIM MEASURES
AND PRELIMINARY ORDERS

(As adopted by the Commission at its thirty‑ninth session, in 2006)

Section 1.      Interim measures

Article 17.      Power of arbitral tribunal to order interim measures

(1) Unless otherwise agreed by the parties, the arbitral tribunal may, at the request of a party, grant interim measures.

(2) An interim measure is any temporary measure, whether in the form of an award or in another form, by which, at any time prior to the issuance of the award by which the dispute is finally decided, the arbitral tribunal orders a party to:

 (a) Maintain or restore the status quo pending determination of the dispute;

 (b) Take action that would prevent, or refrain from taking action that is likely to cause, current or imminent harm or prejudice to the arbitral process itself;

 (c) Provide a means of preserving assets out of which a subsequent award may be satisfied; or

 (d) Preserve evidence that may be relevant and material to the resolution of the dispute.

Article 17 A.      Conditions for granting interim measures

(1) The party requesting an interim measure under article 17(2)(a), (b) and (c) shall satisfy the arbitral tribunal that:

 (a) 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

 (b) There is a reasonable possibility that the requesting party will succeed on the merits of the claim. The determination on this possibility shall not affect the discretion of the arbitral tribunal in making any subsequent determination.

(2) With regard to a request for an interim measure under article 17(2)(d), the requirements in paragraphs (1)(a) and (b) of this article shall apply only to the extent the arbitral tribunal considers appropriate.

Section 2.      Preliminary orders

Article 17 B.      Applications for preliminary orders and
conditions