Bifurcation, Challenges to Jurisdiction and Security for Costs - Chapter 01 - Interim and Emergency Relief in International Arbitration - International Law Institute Series on International Law, Arbitration and Practice

Author(s):

Anthony Connerty

Page Count:

12 pages

Published:

May, 2015

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I. INTRODUCTION

I will take a broad approach to interim measures: that any award that

an international arbitration tribunal is empowered to make—other than a

final award—is likely to constitute an interim measure.

And that such interim measures—to be dealt with by way of an

interim or partial award—may cover issues that arise during the course of

the arbitral process. Such issues require determination by a provisional

order prior to the stage of the issue of the final award.

A provisional order does not finally determine the rights of the

parties. Provisional powers given to arbitrators are restricted to dealing

with the type of relief that the arbitrators would have power to grant in a

final award. Such orders may be appropriate where, for example, an order

is required to protect or preserve the interests of one of the parties; to

preserve evidence; to protect the subject matter of the proceedings; or to

order the payment of money on a provisional basis. A provisional or

interim order can be revised in the final award.

Rules of many of the arbitral and other institutions give power to

arbitrators to order interim relief. For example, Article 25(1)(c) of the LCIA

Rules provides:

The Arbitral Tribunal shall have the power, unless otherwise

agreed by the parties in writing, on the application of any party:

determination in an award, any relief which the Arbitral

Tribunal would have power to grant in an award,

including a provisional order for the payment of money

or the disposition of property as between any parties.2