12 Remedies—Interim Measures

Subject(s):

Customer obligations and foreign law — Breach of confidentiality — Investment business — Market abuse

This chapter discusses the power of a tribunal to grant interim relief and the standards applicable to the grant of interim relief. Parties may seek procedural interim protections in international arbitration to prevent the arbitral process from being undermined by a recalcitrant party, or to further the efficient disposition of the dispute. Common procedural protections that might be available from an arbitral tribunal include: anti-suit injunctions, to restrain a party to the arbitration agreement from bringing or pursuing competing proceedings in breach of the arbitration agreement; orders to protect the confidentiality of the proceedings; and orders to preserve evidence or to disclose important or relevant documents.