Versions

 

28. Recognition and enforcement of interim measures by the Court

(1) 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, subject to subsection (4) 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 57.
(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.