Meaning
A statutory provision within international arbitration frameworks governs the recognition and enforcement of interim measures issued by an arbitral tribunal. Under the regime of Article 17 H, such temporary orders are treated as binding subject only to limited grounds for refusal. Local courts are required to enforce these measures regardless of the country in which they were issued, creating a centralized cross-border protection for the disputing parties.
Statutory Regime
This international standard provides a uniform framework that prevents parties from asset dissipation or destroying evidence during proceedings. In practice, Article 17 H establishes a presumption of enforceability that obligates domestic courts to support the tribunal’s authority. This authority remains subject to specific procedural conditions that the enforcing court must verify before execution.
Enforcement Mechanism
The enforcing court typically requires the applicant to provide security if the tribunal has not already made such a determination. This ensures that the responding party is protected against losses resulting from an unjustified measure. Under Article 17 H, the court does not review the substance of the interim measure but focuses solely on the procedural validity of the tribunal’s order.
This approach limits the delay in executing urgent remedies across multiple jurisdictions.
Procedural Defense
A court may refuse enforcement if the interim measure has been terminated or suspended by the tribunal itself or by a competent court. This specific defense under Article 17 H ensures that inactive or overturned measures do not receive legal effect. Furthermore, if the measure is incompatible with local public policy, the domestic court retains the right to deny the application.
