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Interim Measures Supporting Commercial Arbitration

The chosen dispute-resolution mechanism may be as important as the obligations contained in a contract. Protective measures may preserve assets or evidence while an arbitration proceeds. Authority to order and enforce them must be identified.

What to keep in mind

Analyze court and tribunal powers, urgency, security, the arbitration seat and how an order will be implemented.

Relief requested from the wrong authority may waste critical time.

Distinctions often confused

Arbitral interim relief and court-ordered measures may have different enforcement mechanisms.

Frequently asked questions

Can a court assist before the tribunal is constituted?
Potentially, under the relevant legal regime.
Does seeking court assistance always waive arbitration?
Not necessarily; the interaction depends on the governing rules.

Informational content. It is not a substitute for professional advice.