• Chapter 5 Chapter 5 — Interim measures

    • 28. Power of arbitral tribunal to order interim measures

      (1) Unless otherwise agreed by the parties, the arbitral tribunal may, at the request of a party, grant interim measures provided that any such request by a party is made upon notice to the other parties in the proceedings.
      (2) An interim measure is any temporary measure, whether in the form of an award or in another form, by which, at any time prior to the issuance of the award by which the dispute is finally decided, the arbitral tribunal orders a party to:
      (a) maintain or restore the status quo pending determination of the dispute;
      (b) take action that would prevent, or refrain from taking action that is likely to cause, current or imminent harm or prejudice to any party or to the arbitral process itself;
      (c) provide a means of preserving assets out of which a subsequent award may be satisfied; or
      (d) preserve evidence that may be relevant and material to the resolution of the dispute.
      (3) The party requesting an interim measure under subsection (1) shall satisfy the arbitral tribunal that:
      (a) harm not adequately reparable by an award of damages is likely to result if the measure is not ordered, and such harm outweighs the harm, if any, that is likely to result to the party against whom the measure is directed if the measure is ordered; and
      (b) there is a 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 arbitral tribunal in making any subsequent determination.
      (4) With regard to a request for an interim measure under section 27(2)(d), the requirements in paragraphs (3)(a) and (b) of this section shall apply only to the extent the arbitral tribunal considers appropriate.
      (5) The arbitral tribunal may modify, suspend or terminate an interim measure it has granted, upon application of any party or, in exceptional circumstances and upon prior notice to the parties, on the arbitral tribunal's own initiative.
      (6) The arbitral tribunal may require the party requesting an interim measure to provide appropriate security in connection with the measure.
      (7) The arbitral tribunal may require any party promptly to disclose any material change in the circumstances on the basis of which the interim measure was requested or granted.
      (8) The party requesting an interim measure shall be liable for any costs and damages caused by the measure to any party if the arbitral tribunal later determines that, in the circumstances, the measure should not have been granted. The arbitral tribunal may award such costs and damages at any point during the proceedings.

    • 29. Power of arbitral tribunal to order security for costs

      Unless otherwise agreed by the parties, the tribunal has the power to order a claimant to provide security for the costs of the arbitration. This power shall not be exercised on the ground that the claimant is (a) an individual ordinarily resident outside the Abu Dhabi Global Market, or (b) a corporation or association incorporated or formed other than in the Abu Dhabi Global Market, or whose central management and control is exercised outside the Abu Dhabi Global Market.

    • 30. Recognition and enforcement of interim measures by the Court

      (1) Subject to subsection (4), an interim measure issued by an arbitral tribunal shall be recognised as binding and, unless otherwise provided by the arbitral tribunal, enforced upon application to the Court or any competent court (in either case, the "recognising court"), irrespective of the country in which it was issued, provided such application is made on notice to all parties to the proceedings.
      (2) The party who is seeking or has obtained recognition or enforcement of an interim measure shall promptly inform the recognising court of any termination, suspension or modification of that interim measure.
      (3) The recognising court may, if it considers it appropriate, order the requesting party to provide appropriate security if the arbitral tribunal has not already made a determination with respect to security or where such a decision is necessary to protect the rights of third parties.
      (4) Recognition or enforcement of an interim measure may be refused on the grounds set forth in section 61.
      (5) Any determination made by the recognising court under subsection (4) shall be effective only for the purposes of the application to recognise and enforce the interim measure. The recognising court where recognition or enforcement is sought shall not, in making that determination, undertake a review of the substance of the interim measure.

    • 31. Power of the Court to order interim measures

      (1) The existence of an arbitration agreement shall not preclude a party from applying to the Court, before or during arbitral proceedings, for interim measures including in relation to the taking of evidence under section ‎47 or provisional or conservatory measures under this section.
      (2) The Court shall have the same power of issuing any interim measure in relation to arbitration proceedings as it has in relation to proceedings in the Court.
      (3) The powers conferred by this section apply even if:
      (a) the seat of the arbitration is outside the Abu Dhabi Global Market or no seat has been designated or determined; or
      (b) the interim measure is sought against a non-party to the arbitration agreement.
      (4) If the case is one of urgency, the Court may, on the application of a party or proposed party to the arbitral proceedings, make such orders as it thinks necessary for the purpose of preserving evidence or assets.
      (5) If the case is not one of urgency, the Court shall act only on the application of a party to the arbitral proceedings upon notice to the other parties and to the arbitral tribunal.
      (6) In any case, the Court shall act only if, or to the extent that, the arbitral tribunal, and any arbitral or other institution or person vested by the parties with power in that regard, or a court of competent jurisdiction in relation to the matters set out in subsection (3)(a), has no power or is unable for the time being to act effectively.

    • 32. Privacy of arbitration related court proceedings

      (1) Subject to subsection (4), all arbitration-related proceedings in the Court are to be heard in closed court.
      (2) Where such arbitration-related proceedings are held in closed court, the Court must, on the application of any party, make a direction as to what information, if any, relating to the proceedings may be published.
      (3) The Court must not make a direction permitting information disclosed during arbitration-related proceedings held in closed court to be published, unless:
      (a) all parties agree that the information may be published; or
      (b) the Court is satisfied that the information, if published, would not reveal any matter (including the identity of any party) that any party reasonably wishes to remain confidential.
      (4) The Court may order arbitration-related court proceedings to be heard in open court if:
      (a) all parties agree that the proceedings may be heard in open court; or
      (b) in any particular case, the Court is satisfied that those proceedings ought to be heard in open court.
      (5) An order of the Court under this section is not subject to appeal.
      (6) It is not inconsistent with this section for the Court, on its own initiative, to publish a judgment in anonymised form.