Provisional Measures - Additional Facility Arbitration

Except as the parties otherwise agree, the Tribunal may recommend any provisional measures that may be necessary to preserve the parties’ rights during the proceeding (Article 46 of the Arbitration (Additional Facility) Rules).

A party requesting provisional measures must specify the rights to be preserved, the measures requested, and the circumstances that require such measures (Article 46(1) of the Arbitration (Additional Facility) Rules).

Tribunals will typically consider whether the provisional measures are necessary, urgent and required to avoid irreparable harm. Examples of requests for provisional measures concern the release of confidential information, obtaining or preserving evidence, securing financial guarantees, staying parallel domestic or arbitral proceedings, staying the execution of administrative decisions, or preventing prejudicial interference by one party.

The Tribunal may recommend, modify or revoke provisional measures after giving each party an opportunity to present its observations (Article 46(3) of the Arbitration (Additional Facility) Rules).

A party may also seek provisional measures from any competent judicial authority and, by so doing, would not be held to be infringing the agreement to arbitrate or the powers of the Tribunal (Article 46(4) of the Arbitration (Additional Facility) Rules).

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