||Title:||ARBITRATION ORDINANCE||Gazette Number:||L.N. 38 of 2011|
|Section:||36||Heading:||Article 17A of UNCITRAL Model Law (Conditions for granting interim measures)||Version Date:||01/06/2011|
Article 17A of the UNCITRAL Model Law, the text of which is set out below, has effect¡X
¡§Article 17A. Conditions for granting interim
(1) The party requesting an interim measure under article 17(2)(a), (b) and (c) shall satisfy the arbitral tribunal that:
(a) Harm not adequately reparable by an award of damages is likely to result if the measure is not ordered, and such 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
(b) There is a reasonable possibility that the requesting party will succeed on the merits of the claim. The determination on this possibility shall not affect the discretion of the arbitral tribunal in making any subsequent determination.
(2) With regard to a request for an interim measure under article 17(2)(d), the requirements in paragraphs (1)(a) and (b) of this article shall apply only to the extent the arbitral tribunal considers appropriate.¡¨.