FAI Arb FAI Arbitration Rules 2024
FAI Arb
FAI Arbitration Rules 2024
38.1 The arbitral tribunal may, at the request of a party, grant any interim measures of protection it deems appropriate.
38.2 Before deciding whether to grant any interim measure of protection, the arbitral tribunal shall give the party against which the request is directed an opportunity to submit comments within the time limit set by the tribunal.
38.3 The arbitral tribunal may make the granting of any interim measure of protection subject to appropriate security being furnished by the requesting party for any costs or damage that such measure may cause to the party against which it is directed. The arbitral tribunal shall establish the terms of any security arrangement.
38.4 The arbitral tribunal’s decision shall take the form of an order. The arbitral tribunal may amend or revoke an interim measure of protection it has granted at the request of a party or, in exceptional circumstances and upon prior notice to the parties, on the arbitral tribunal’s own initiative.
38.5 A party in need of urgent interim measures of protection that cannot await the constitution of an arbitral tribunal may apply for the appointment of an Emergency Arbitrator in accordance with Appendix III, unless the parties have exercised their right to opt out of the application of the provisions contained in Appendix III.
38.6 Before the case file is transmitted to the arbitral tribunal, and in appropriate circumstances even thereafter, the parties may apply to any competent judicial authority for interim measures of protection. The application of a party to a judicial authority for such measures shall not be considered an infringement or a waiver of the arbitration agreement.
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