s.45Conditions for granting interim measures
45
Section 45Part 8INTERIM MEASURES AND PRELIMINARY ORDERS

Conditions for granting interim measures

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A party who requests an interim measure under section 44(a), (b) or (c) 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 that the 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.
A determination by the arbitral tribunal that a party will succeed under subsection (1)(b) shall not affect the discretion of the arbitral tribunal in making any subsequent determination.
Where a request for an interim measure under section 44(d) is made, the requirements in subsection (1)(a) and (b) shall apply only to the extent that the arbitral tribunal considers appropriate.

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