Court Or Tribunal? - Issues In Interim And Conservatory Measures In International Arbitration

Key Point

• There are considerable differences between obtaining interlocutory orders in litigation and obtaining interim or conservatory measures in international arbitration, because of the, at times, complex interplay between arbitral rules, the law governing the arbitration and the laws in the country of enforcement.

From a claimant's perspective, ultimate success in a formal dispute resolution process may depend on the ability to obtain interim relief of various descriptions at an early stage of the proceedings. Such interim measures include orders to ensure that certain evidence is not destroyed, orders to prevent disposal of assets or to enjoin the other party from conduct which might cause irreparable harm. Interim measures such as these may avoid an otherwise Pyrrhic victory. On the other hand, a respondent may seek security for costs or orders regarding the production of evidence or the attendance of witnesses.