Article 26

Geldend

Documentgegevens:

Geldend vanaf 06-12-2010

Bronpublicatie:: 06-12-2010, Internet 2010, www.uncitral.org (uitgifte: 06-12-2010, regelingnummer: 65/22)
Inwerkingtreding: 06-12-2010
Bronpublicatie inwerkingtreding:: 06-12-2010, Internet 2010, www.uncitral.org (uitgifte: 06-12-2010, regelingnummer: 65/22)
Vakgebied(en): Burgerlijk procesrecht / Arbitrage
Staatsrecht / Rechtspraak

1.

The arbitral tribunal may, at the request of a party, grant interim measures.

2.

An interim measure is any temporary measure 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, for example and without limitation, 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,

(i): current or imminent harm or
(ii): 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.

3.

The party requesting an interim measure under paragraphs 2 (a) to (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.

4.

With regard to a request for an interim measure under paragraph 2 (d), the requirements in paragraphs 3 (a) and (b) shall apply only to the extent the arbitral tribunal considers appropriate.

5.

The arbitral tribunal may modify, suspend or terminate an interim measure it has granted, upon application of any party or, in exceptional circumstances and upon prior notice to the parties, on the arbitral tribunal's own initiative.

6.

The arbitral tribunal may require the party requesting an interim measure to provide appropriate security in connection with the measure.

7.

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.

8.

The party requesting an interim measure may be liable for any costs and damages caused by the measure to any party if the arbitral tribunal later determines that, in the circumstances then prevailing, the measure should not have been granted. The arbitral tribunal may award such costs and damages at any point during the proceedings.

9.

A request for interim measures addressed by any party to a judicial authority shall not be deemed incompatible with the agreement to arbitrate, or as a waiver of that agreement.