Part I Commentary on the ICDR International Rules, 24 Article 24—Interim Measures
Martin F Gusy, James M Hosking
Martin F. Gusy, James M. Hosking
- Arbitrators — Interim and provisional measures
This chapter discusses Article 24 of the ICDR Rules, which empowers the tribunal to order any interim or conservatory measures it deems necessary, including—but not limited to—injunctive relief and measures necessary for the protection of property. The measures may be intended to preserve evidence for use in the case, prevent property from being interfered with, or, more generally, to preserve the status quo pending determination of the dispute. In addition to empowering the tribunal to take such measures, Article 24(3) also states that a request to a judicial authority for interim measures is not inconsistent with the arbitration agreement. As the newly introduced Article 24(5) makes clear, Article 24 should not be confused with Article 6, which provides for ‘emergency measures of protection’ to be granted by an ‘emergency arbitrator’ where the tribunal has not yet been appointed.