South Australian Current Acts

COMMERCIAL ARBITRATION ACT 2011 - SECT 17A

17A—Conditions for granting interim measures

        (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 subsections (1)(a) and (b) and subsection (2) apply only to the extent the arbitral tribunal considers appropriate.

Division 2—Preliminary orders

17B

Note—

Art 17B of the Model Law, which provides for ex parte requests for interim measures together with applications for preliminary orders directing parties not to frustrate the interim measures, has been omitted.

17C

Note—

Art 17C of the Model Law, which contains safeguards for the party against whom a preliminary order is directed under Art 17B, is omitted as a consequence of the omission of Art 17B.

Division 3—Provisions applicable to interim measures