(1) The party
requesting an interim measure under section 17(2)(a), (b) or (c) must satisfy
the arbitral tribunal that —
not adequately reparable by an award of damages is likely to result if the
measure is not ordered, and that 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
there is a reasonable possibility that the requesting party will succeed on
the merits of the claim.
(2) The determination
on the possibility referred to in subsection (1)(b) does not affect the
discretion of the arbitral tribunal in making any subsequent determination.
(3) With regard to a
request for an interim measure under section 17(2)(d), the requirements in
subsection (1)(a) and (b) and subsection (2) apply only to the extent the
arbitral tribunal considers appropriate.