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8 Emergency Relief and Interim Measures of Protection (Articles 23 and 24, Schedule 4)

From: A Guide to the HKIAC Arbitration Rules

Michael Moser, Chiann Bao

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2022. All Rights Reserved.date: 09 December 2022

Arbitrability — Arbitral rules — Arbitral agreements — Arbitral tribunals — Statehood, jurisdiction of states, organs of states

This chapter discusses measures of interim relief. The general purpose of interim measures is to prevent or minimize any disadvantage to a party which may occur before the final resolution of the dispute and enforcement of an arbitral award. A party to an HKIAC arbitration may apply for a wide range of interim relief from different authorities depending on the stage of the proceedings. The Arbitration Ordinance and the HKIAC Rules have both adopted the definition of interim measures set out by Article 17(2) of the UNCITRAL Model Law, which the chapter discusses in more detail. In addition, it also discusses interim relief from an emergency arbitrator, interim relief from an arbitral tribunal, interim relief from a court, and security for costs.

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