Section 46Part 8 — INTERIM MEASURES AND PRELIMINARY ORDERS
Applications for preliminary orders and conditions for granting preliminary orders
←→ Navigate · Click subsection badges to collapse · Press ? for help
Unless otherwise agreed by the parties, a party may, without notice to any other party, make a request for an interim measure together with an application for a preliminary order directing a party not to frustrate the purpose of the interim measure requested.
The arbitral tribunal may grant a preliminary order provided it considers that prior disclosure of the request for the interim measure to the party against whom it is directed may frustrate the purpose of the measure.
The conditions defined under section 45 apply to any preliminary order, provided that the harm assessed under section 45(1)(a), is the harm likely to result whether or not an order is granted.
Cross References
- Section 45 of Arbitration Act
preliminary orders subject to conditions in section 45