855 - 12 44 00 22
September 04, 2014
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28.1    Interim measures
At the request of a party, the Tribunal may, by reasoned award or order, grant interim measures at any time prior to the date of the final award.

28.2    Purposes of interim measures
Interim measures are necessaryand urgent measures which in no way shall prejudice the final judgment of the Tribunal with regard to the merits of the case. Interim measures include, for example and without limitation, orders:
     a-    to maintain or restore the status quo pending resolution
             of the dispute;
     b-    to take action that would prevent, or to refrain from taking
             action that is likely to cause (i) current or imminent harm
             or (ii) prejudice to the arbitration process itself;
     c-     to provide a means of preserving assets out of which a
             subsequent award may be satisfied; or
     d-    to preserve evidence that may be relevant and material
             to the resolution of the dispute.

28.3    Request by separate statement
A request for interim measures shall be submitted to the Tribunal in a separate statement. The statement shall contain a clear description of the requested interim measure and the reasons for the request and the purported necessity and urgency. If possible, the evidence on which the request is based shall be submitted together with the statement insofar as it has not yet been submitted in the arbitration proceedings.

28.4    Further procedure
Upon receipt of a request for interim measures, the Tribunal shall without delay inform the parties how it will proceed, in particularwhether a hearing shall be held or further statements shall be required.

28.5    Furnishing of security
Unless the parties agreed otherwise, the Tribunal may make the granting of a request for interim measures subject to appropriate security being furnished by the requesting party for covering any cost or damage incurred by the other party as the result of an interim measure granted by the Tribunal.
The party requesting an interim measure may be liable for any costs and damages caused by the measure to any party if the Tribunal later determines that, in the circumstances then prevailing, the measure should not have been granted. The Tribunal may award such costs and damages at any point during the arbitrationproceedings.

28.6    Decision by Tribunal
The Tribunal shall grant a request for interim measures only if it is satisfied that such measures are necessarily and urgentlyrequired. If the Tribunal determines that the matter to be decided by an interim measure is not necessary and urgent, it shall reject the request either wholly or partly and may determine that it shall be decided in the arbitration on the merits.

The Tribunal may consider a request for interim measuresnecessary and urgent if the party requesting the interim measures satisfies that:
     a-    harm not adequately reparable by an award of damages
             is likely to result if the measure is not ordered, and such
             harm substantially outweighs the harm that is likely to
             result to the party against whom the measure is directed
             if the measure is granted; and
      b-    thereis reasonable possibility that the requesting party
              will succeed on the merits of the claim. The determination
              on this possibility shall not affect the discretion of the Tribunal
              in making any subsequent determination.

28.7    Modification, suspension or termination of interim measures
The Tribunal may modify, suspend or terminate an interim measure it has ordered, upon application of any party.
The Tribunal may require any party to promptly disclose any material change in the circumstances on the basis of which the interim measure was requested or granted.

28.8    Request for interim measures to court
A request for interim measures made prior or during thearbitration proceedings by a party to a court shall not be deemed incompatible with the agreement to arbitrate or as a waiver of that agreement, and shall not affect the relevant powers of the Tribunal.

The party who submits a request for interim measures to a court must as soon as possible notify the Tribunal thereof and of any decision thereon.
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