ARBITRATION ORDINANCE
Ord. No. 17 of 2010
A639
Division 2—Preliminary orders
37. Article 17B of UNCITRAL Model Law (Applications for preliminary orders and conditions for granting preliminary orders)
Article 17B of the UNCITRAL Model Law, the text of which is set out below, has effect—
“Article 17B. Applications for preliminary orders and conditions for granting preliminary orders
- (1) 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.
- (2) 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 risks frustrating the purpose of the measure.
- (3) The conditions defined under article 17A apply to any preliminary order, provided that the harm to be assessed under article 17A(1)(a), is the harm likely to result from the order being granted or not.”.
38. Article 17C of UNCITRAL Model Law (Specific regime for preliminary orders)
Article 17C of the UNCITRAL Model Law, the text of which is set out below, has effect—
“Article 17C. Specific regime for preliminary orders
- (1) Immediately after the arbitral tribunal has made a determination in respect of an application for a preliminary order, the arbitral tribunal shall give notice to all parties of the request for the interim measure, the application for the preliminary order, the preliminary order, if any, and all other communications, including by indicating the content of any oral communication, between any party and the arbitral tribunal in relation thereto.
