Legal Practice Notes

This Practice Note provides an overview of the interim measures available in support of arbitration proceedings seated in Switzerland. It outlines the remit of arbitral tribunals and Swiss courts, the statutory basis, and the circumstances for granting and enforcing such relief. Chapter 12 of the Swiss Private International Law Act ( PILA), updated with effect from 1 January 2021, regulates international arbitrations with a Swiss seat. Under article 183 PILA, unless the parties have agreed to the contrary, a tribunal may, on a party’s application, issue interim or conservatory relief. If a party fails to comply voluntarily, the tribunal or a party may turn to the competent state court for assistance, which will apply its own law. Either body may require suitable security as a condition of the measure. Unless the parties have made a different arrangement, the tribunal may, at a party’s...

Interim relief As a general proposition, interim relief comprises measures designed to preserve the status quo between parties until their dispute is resolved. Such orders may prevent the dissipation of assets in issue, forestall the destruction of evidence, or address any other concern that threatens to influence the result and/or the effectiveness of the ultimate anticipated decision (e.g. restraining court proceedings brought in breach of an arbitration agreement). The availability of interim relief is a crucial procedural tool safeguarding the integrity of arbitral proceedings. In its absence, a final arbitral award could be rendered nugatory and any ultimate relief thwarted. In Singapore, the International Arbitration Act ( IAA) and the Arbitration Act ( AA) alike authorise Singapore-seated tribunals, as well as the Singapore courts, to grant interim measures in aid of arbitration. In addition, both the 2001 AA and the IAA allow parties to...

Interim measures are frequently required in arbitration to safeguard a party before, throughout, and, where necessary, after an award has been issued. Such orders are typically granted to ensure that any award can be enforced against relevant assets and is not rendered ineffectual. This Practice Note outlines the interim measures available under Indian law to parties to arbitration. Note: Indian judgments referred to in this Practice Note are not reported by Lexis Nexis®. The Arbitration and Conciliation Act 1996 (as amended) Indian arbitration law is governed by the Arbitration and Conciliation Act 1996 ( ACA 1996). The ACA 1996 was amended by the Arbitration and Conciliation ( Amendment) Act 2015 (the 2015 Amendment), and later by the Arbitration and Conciliation ( Amendment) Act 2019 (the 2019 Amendment). This Practice Note considers the legal position under the ACA 1996 following the 2015 and 2019...

The importance of interim measures A party engaged in international commercial arbitration may require interim relief to preserve the status quo or otherwise safeguard its position. Such protection can be essential at any point in the arbitral proceedings. Although a core tenet of international arbitration is that parties should avoid conduct that could prejudice enforcement of the final award or inflame or prolong the dispute, that principle offers little reassurance to an applicant confronting a respondent determined to act, before, during, or after the arbitration, in a manner ultimately harmful to the applicant. Hence, the authority of courts and tribunals to order interim protective measures in support of arbitration is of fundamental significance. The British Virgin Islands ( BVI) Arbitration Act 2013 (the BVI Act) sets out a coherent framework for granting interim measures, empowering both arbitrators and the court to implement the...

This Practice Note explores the availability of interim relief from German courts in aid of arbitration and the extent of arbitral tribunals’ powers to order such measures under German law. Note: all German judgments cited in this Practice Note are not reported by Lexis Nexis®. Introduction to interim measures under German arbitration law Germany is widely regarded as friendly to arbitration, a stance that includes facilitating interim measures (vorläufiger Rechtsschutz) to support arbitral proceedings. The statutory framework for arbitration is contained in the 10th book of the Code of Civil Procedure ( Zivilprozessordnung ( ZPO)). The German Federal Ministry of Justice has issued an unofficial English translation of the ZPO, and any quotations from the ZPO in this Practice Note draw on that version. German arbitration law closely follows the UNCITRAL Model Law on International Commercial Arbitration (1985). Consequently, inter alia, both the state courts and, once...

Interim measures in Brazil Interim relief in Brazil falls under the Brazilian Code of Civil Procedure ( Federal Law No 13.105/2015 ( BCCP)), which outlines several categories of provisional measures, each aligned to particular forms of relief and designed to preserve the effectiveness of the ultimate decision, whether judicial or arbitral. The Brazilian Arbitration Act ( BAA), which governs arbitration ( Federal Law No 9307/96), further provides that, before the arbitral tribunal is formed, the parties may apply to the courts for interim measures. Once the tribunal is constituted, the BAA confers on it the exclusive competence to issue interim measures and to maintain, vary, or revoke measures previously ordered by the courts. The substantive criteria for these remedies are, in essence, the same in arbitral and judicial forums; therefore, the BCCP’s general framework can guide the appraisal of interim relief even when ordered by...

This Practice Note examines the interim remedies available from French courts in support of arbitration proceedings. For guidance on interim relief granted by arbitral tribunals seated in France, see Practice Note: Interim remedies granted by arbitral tribunals seated in France. Powers of the French courts to grant interim remedies in support of arbitration proceedings Article 1449, paragraph 1 of the French Code of Civil Procedure ( FCCP) states that the existence of an arbitration agreement does not prevent a party—so long as the arbitral tribunal has not yet been formed—from applying to a French court for a measure concerning the taking of evidence (mesure d’instruction) or for a provisional or conservatory measure. This reflects settled case law: French Cour de Cassation, Third Civil Chamber, 20 December 1982, No 81-15.746 French Cour de Cassation, Second Civil Chamber, 7 March 2002, No...

Interim remedies in support of arbitration—the legislative regime Arbitration in New Zealand is regulated by the Arbitration Act 1996 (the Act). The principal body of the Act sets out general provisions and rules applicable. Schedule 1 contains an adapted form of the United Nations Commission on International Trade Law ( UNCITRAL) Model Law (the Model Law), and Schedule 2 sets out special rules that generally apply only to domestic arbitrations. In 2007, New Zealand was the first country in the world to implement amendments to the original Model Law put forward by the UNCITRAL 2000 working group, delivering a more comprehensive code for interim measures in support of arbitration. This New Zealand regime is located, in particular, in articles 9 and 17–17M of Schedule 1 to the Act: article 9 of the Act provides for court-ordered interim measures in support of...

Interim measures in support of arbitration in China This Practice Note reviews the availability of interim measures in aid of arbitration in China under the law of the People’s Republic of China ( PRC). The references to ‘ China’ and ‘ PRC’ denote Mainland China, excluding Hong Kong, Macau and Taiwan. It has been updated to reflect the 2025 amendments that take effect on 1 March 2026, and all citations to the Arbitration Law are to the law as amended. In China, arbitral tribunals have no authority to grant interim measures, irrespective of the arbitration rules selected. They are also barred from doing so even where the applicable rules expressly purport to confer such powers. Put simply, a party seeking interim measures must first submit its request to the arbitration institution, which will then transmit the application to the competent court....

Interim remedies and arbitration in the UAE Interim remedies in the UAE are, as a rule, harder to secure than in jurisdictions such as England and Wales or the United States. Local UAE courts typically do not recognise injunctions or similar forms of interim relief, save for limited exceptions. In contrast, the Dubai International Financial Centre ( DIFC) courts apply common law principles, so are more inclined to grant interim measures and have authority to make a wider range of orders. The tests the DIFC courts use when deciding whether to award an injunction will be familiar to lawyers from common law backgrounds. While this may reassure contracting parties choosing a DIFC courts jurisdiction clause, an interim order issued by the DIFC will be immediately effective only against assets, persons, or property located within the DIFC special economic zone. A claimant may then face...

For a primer on arbitration in Qatar, refer to Practice Note: Arbitration in Qatar—an introduction. Interim relief—the tribunal’s powers to grant interim remedies Qatar Law No. 2/2017 promulgating the Civil and Commercial Arbitration Law (the ‘ Qatari Arbitration Law’) sets out arbitral tribunals’ powers to order provisional measures or interim awards. Earlier legislation— Articles 190–210 of Qatar Law No. 13/1990 under the Civil and Commercial Procedure Law ( CCPL)—contained no express basis authorising tribunals to issue provisional or conservatory measures or interim awards. By contrast, the Qatari Arbitration Law confers comprehensive authority on tribunals to grant such relief where the dispute demands it, or to prevent irreparable harm. The measures may include, without limitation: preserving or restoring the status quo until the dispute is determined adopting steps to avert current or imminent damage, to protect the arbitration process itself, or to prevent procedures likely to cause such damage or...

The Arbitration Act 1996 ( AA 1996) The Arbitration Act 1996 ( AA 1996) governs arbitrations whose seat is in England and Wales, or in Northern Ireland. In those circumstances, the AA 1996 recognises two forms of emergency powers: default powers vested in the tribunal, which operate unless the parties agree to disapply them court powers available to support an arbitral tribunal seated in England and Wales or Northern Ireland This Practice Note sets out both categories of powers. The tribunal’s powers The tribunal’s authority to grant interim relief is contained in AA 1996, s 38. Reflecting the principle of party autonomy, s 38(1) first confirms that the parties may determine the scope of the tribunal’s powers for the conduct of their arbitration. Frequently, this is achieved by incorporating institutional arbitration rules into the arbitration agreement, or by agreement between the parties in an ad hoc...

Interim Remedies in the Netherlands–introduction Interim measures aim to avert irreparable loss, maintain the existing position, or provisionally govern behaviour until a decision on the merits, and they must be capable of reversal and avoid prejudging the dispute. Dutch State courts have traditionally taken a generous stance in granting urgent interim relief in preliminary relief proceedings. The same approach is mirrored in arbitration. Dutch arbitration law is contained in the 4th book of the Dutch Code of Civil Procedure ( DCCP), commonly called the Netherlands Arbitration Act. Since 1986, the Netherlands Arbitration Act has empowered tribunals to award urgent preliminary relief, and this occurs in numerous arbitrations. This note explains why Dutch interim remedy practice is distinctive and how both judges and arbitral tribunals assess and order such measures. It outlines their reasoning and outcomes in...

This Practice Note reviews the law and practice on awarding interest on damages and costs in international commercial arbitration, with specific reference to the law of England and Wales and the Arbitration Act 1996 ( AA 1996). It also draws on comparative guidance from investment treaty arbitration. To compare this issue across jurisdictions globally, see our International Comparator Tool. Which law determines the award of interest in arbitration proceedings? The decision whether to award interest, and the appropriate rate, rests with the arbitral tribunal, which must first identify the basis for awarding interest. In doing so, the tribunal will assess: any agreement between the parties (in the arbitration agreement, the main contract, or reached later) the terms of any applicable arbitral rules or legislation (including provisions for statutory interest) the relevant applicable law In practice, any express agreement by the parties will be...

Arbitrations stemming from insurance and reinsurance disputes resemble other commercial arbitrations broadly in many material respects, yet they also carry particular characteristics. This Practice Note outlines those distinguishing aspects and offers direction on arbitral procedure and tactics and strategy within an insurance and reinsurance setting. For details on the varieties of insurance arbitration, including ad hoc arbitration, institutional arbitration and Bermuda Form arbitrations, see: Understanding institutional and ad hoc arbitration—overview and Practice Note: Insurance and reinsurance arbitration—an introduction. Distinctive features of insurance arbitrations Common distinguishing features of insurance arbitration, explored in greater depth below, include: multiple arbitrations on similar facts, which can raise issues concerning, for example: appointment of arbitrators consolidation of proceedings disclosure of information obtained in one set of...

This Practice Note This Practice Note sets out key points when appointing an expert under CPR 35 and the Guidance for the instruction of experts in civil claims. It emphasises choosing the right moment to engage an expert, with pointers on matters to weigh up, particularly where instruction is contemplated before issue of the claim form. It also offers practical help on preparing the letter of instruction and any supporting materials. It covers dealings with experts, including questions of privilege. When instructing experts you should have regard to: all pertinent CPR Rules and Practice Directions the Guidance for the instruction of experts in civil claims (“the Guidance”). See Practice Note: under the Guidance for the instruction of experts in civil claims the Practice Direction Pre- Action Conduct and Protocols, para 7, and any other protocol applicable to the claim type any other guidance relevant to their...

What is institutional arbitration? An institutional arbitration is a process managed by an arbitral body selected by the parties, and conducted under that body’s arbitration rules as agreed by the parties. The term institutional arbitration is also known simply as administered arbitration......

Note: the following cases are not reported by Lexis Nexis®. This Practice Note was prepared by Nico A Mooduto, Partner, SSEK Law Firm, Indonesia. Introduction Interim relief, encompassing tools like freezing orders or injunctions, plays a crucial role in any dispute because it seeks to avert irreparable loss and empty victories. In Indonesia, such remedies are equally significant and potentially valuable, yet they are infrequently pursued and applied. This is not due to an absence of doctrinal footing; indeed, a legal framework exists. Nevertheless, in real-world application their use remains scarce and, to some observers, opaque. Encouragingly, recent years have brought promising developments that should help shape the practice going forward. This practice note aims to offer insight into Indonesian legal thought and practice concerning interim arbitration awards and measures. Indonesian legal framework for interim awards and measures–in courts Interim steps have...

Practice Note This Practice Note reviews how arbitration agreements are incorporated into contracts governed by English and Welsh law (using England and English as shorthand). Further materials on arbitration agreements appear on the right-hand side of the page, including Practice Note: Arbitration agreements—the in writing requirement. An oral understanding does not, however, strip a party of access to the courts, since either party may cancel the authority of the arbitrator appointed pursuant to such an arrangement. For an arbitration clause to have legal effect, it must be duly incorporated into the contract it concerns. Under section 6(2) of the Arbitration Act 1996 ( AA 1996), a reference in a contract to a written arbitration clause, or to another document that contains such a clause, will itself amount to an arbitration agreement where the reference is expressed in terms that make the clause part of the...

Unless the parties agree otherwise, or an agreed award is issued, an arbitral award should set out its reasons. An arbitrator’s obligation to explain the decision is as exacting as that of a judge in court ( Compton Beauchamp Estates v Spence). In ABB AG v Hochtief Airport, the court advised that plainly expressed reasons, addressing the issues as argued before the tribunal, will evidently curtail the scope for unmeritorious challenges... Application to the tribunal for correction If reasons are absent or insufficient, a party may write to the tribunal seeking correction of the award under the slip rule (section 57 of the Arbitration Act 1996 ( AA 1996))—see Practice Note: AA 1996—inadequate award—correcting mistakes or errors in an arbitral award (s 57). The slip rule exists to permit the tribunal to rectify clerical mistakes or errors, or to remove any ambiguity in the award; it does not...