(1) Recognition or
enforcement of an interim measure may be refused only —
(a) at
the request of the party against whom it is invoked if the Court is satisfied
that —
(i)
such a refusal is warranted on the grounds set out in
section 36(1)(a)(i), (ii), (iii) or (iv); or
(ii)
the arbitral tribunal’s decision with respect to
the provision of security in connection with the interim measure issued by the
arbitral tribunal has not been complied with; or
(iii)
the interim measure has been terminated or suspended by
the arbitral tribunal or, where so empowered, by the court of the State or
Territory in which the arbitration takes place or under the law of which that
interim measure was granted;
or
(b) if
the Court finds that —
(i)
the interim measure is incompatible with the powers
conferred on the Court unless the Court decides to reformulate the interim
measure to the extent necessary to adapt it to its own powers and procedures
for the purposes of enforcing that interim measure and without modifying its
substance; or
(ii)
any of the grounds set out in section 36(1)(b)(i) or (ii)
apply to the recognition and enforcement of the interim measure.
(2) Any determination
made by the Court on any ground in subsection (1) is effective only for the
purposes of the application to recognise and enforce the interim measure.
(3) The Court must
not, in making a determination with respect to the recognition or enforcement
sought, undertake a review of the substance of the interim measure.
Note for this section:
This section is
substantially the same as Art 17I of the Model Law but has been modified to
the extent necessary to apply Art 17I as incorporated in this Act in the
context of domestic commercial arbitrations.