中国人民大学法学院国际商事仲裁法课件 Interim Measueres of Protection.pptVIP

Chapter 6Interim Measures of Protection Interim or conservatorymeasures of protection Conserve: to save and protect from loss or damage Purpose: enforcement of award to prevent the party from transfer his key evidence, property or to preserve the status quo (维持现状) Application for IM To the Arbitration institution or tribunal To the court Enforcement International practices Unless otherwise agreed by the parties, the tribunal may, at the request of a party, order any party to take such interim measure of protection as the tribunal consider necessary in respect of the subject matter of the dispute. (Art.17, 1985 Model Law) UNCITRAL Rules(26), ICC 23, WIPO 46, AAA 21, LCIA 25) 2006 Model Law Amendment Art.17 replaced by 11 articles, 5 sections in Chapter 4 IM and conditions for granting（17-A） Preliminary orders (PO,初步命令，B-C) Provisions applicable to IM and PO (D-G) Recognition enforcement of IM(H-I) Court-ordered IM(J) IM and conditions for granting Temporary measure granted prior to the issuance of the award Harm not adequately reparable by an award of damages likely result without the order; Requesting party could be reasonably successful Tribunal considered appropriate PO and Conditions Directing a party not to frustrate the purpose of IM requested without notice to the other party; Notice to all parties of the request for IM and give opportunity for objection; PO shall expire after 20 days from the date of issuance prior to IM; Binding on the parties but unenforceable by the court; Provisions on IM and PO Modification, suspension and termination Provision of security Disclosure obligations on material change in the circumstances Cost and damages Recognition and Enforcement As binding award for court enforcement; Court may require security Conditions for refusing enforcement (I) Court-ordered IM(17-J) A court shall have the same power of issuing an interim measure in relation to arbitration proceedings, irrespective of whether their place is in the territo