AustLII Tasmanian Consolidated Acts

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COMMERCIAL ARBITRATION ACT 2011 - SECT 17G

Costs and damages (cf Model Law Art 17G)

(1)  The party requesting an interim measure is liable for any costs and damages caused by the measure to any party if the arbitral tribunal later determines that, in the circumstances, the measure should not have been granted.
(2)  The arbitral tribunal may award such costs and damages at any point during the proceedings.

Note. This section is substantially the same as Art 17G of the Model Law but the reference to applications for preliminary orders is omitted as a consequence of this Act not including equivalents to Arts 17B and 17C of the Model Law.



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