s.46Applications for preliminary orders and conditions for granting preliminary orders
46
Section 46Part 8INTERIM MEASURES AND PRELIMINARY ORDERS

Applications for preliminary orders and conditions for granting preliminary orders

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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.

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