(1) Unless otherwise
agreed by the parties, the arbitral tribunal may, at the request of a party,
grant interim measures.
(2) An interim measure
is any temporary measure, whether in the form of an award or in another form,
by which, at any time prior to the issuance of the award by which the dispute
is finally decided, the arbitral tribunal orders a party to —
(a)
maintain or restore the status quo pending determination of the dispute; or
(b) take
action that would prevent, or refrain from taking action that is likely to
cause, current or imminent harm or prejudice to the arbitral process itself;
or
(c)
provide a means of preserving assets out of which a subsequent award may be
satisfied; or
(d)
preserve evidence that may be relevant and material to the resolution of the
dispute.
(3) Without limiting
subsection (2), the arbitral tribunal may make orders with respect to any of
the following —
(a)
security for costs;
(b)
discovery of documents and interrogatories;
(c)
giving of evidence by affidavit;
(d) the
inspection of any property which is or forms part of the subject matter of the
dispute;
(e) the
taking of photographs of any property which is or forms part of the subject
matter of the dispute;
(f)
samples to be taken from, or any observation to be made of or experiment
conducted on, any property which is or forms part of the subject matter of the
dispute;
(g)
dividing, recording and strictly enforcing the time allocated for a hearing
between the parties (a stop clock arbitration).
Note for this section:
Subsections (1) and
(2) are substantially the same as Art 17 of the Model Law. There is no
equivalent to subsection (3) in the Model Law.