Western Australian Current Acts

COMMERCIAL ARBITRATION ACT 2012 - SECT 17A

17A .         Conditions for granting interim measures (cf. Model Law Art 17A)

        (1)         The party requesting an interim measure under section 17(2)(a), (b) or (c) must satisfy the arbitral tribunal that —

            (a)         harm 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

            (b)         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.