Section 45Part 8 — INTERIM 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.
Cross References
- Section 44 of Arbitration Act
references conditions for interim measures under section 44
Referenced By
- Section 46 — Applications for preliminary orders and conditions for granting preliminary orders
preliminary orders subject to conditions in section 45