Meaning
Arbitral standards dictate the use of temporary orders to protect the interests of parties before a final award is issued. Tribunals grant emergency interim measures to preserve property, maintain the status quo, or prevent the destruction of evidence. These actions are intended to ensure that the final decision of the arbitrator remains meaningful and enforceable.
Immediate Relief
Applications for help are typically heard within days of the start of a dispute. The emergency interim measures provide a way to stop a competitor from using a trade secret or a debtor from moving funds out of reach. This speed is a primary advantage of modern arbitration rules.
Threshold Requirement
Claimants must prove that they will suffer irreparable harm if the order is not granted. The emergency interim measures are not used for routine disputes where a cash payment at the end would suffice. Arbitrators look for a high probability of success on the merits of the case before they interfere with the rights of the other party.
This prevents the abuse of the system for tactical delays.
Order Enforcement
Local courts are often called upon to back the findings of the tribunal with the power of the state. While the parties usually comply with emergency interim measures voluntarily, the threat of judicial intervention ensures that the orders are respected. This cooperation between private and public law is a feature of international commercial agreements.
