Can you obtain a freezing order against the assets of a party
where there is a real risk of the assets being dissipated? Can you
prevent a party from breaking their contractual delivery obligation
regarding a product you need for your own production, from
destroying evidence, or from imminently breaching an obligation of
confidentiality?
Where the dispute underlying urgent situations as outlined above
is governed by an arbitration agreement, a party seeking interim
relief may have several options. Below, we outline the options
under German arbitration law.
The first consideration is whether the requisite arbitral
tribunal has already been constituted.
If it has, most institutional rules as well as German
arbitration law allow for interim decisions made by the
arbitral tribunal. However, in case the respondent does
not voluntarily comply with the arbitral tribunal's interim
decision, enforcement of the interim decision may become necessary
but may not always be
