Temporary Measures of Arbitration Act
The term “temporary measure” covers a broad range of sequences. Most interim measures are granted at a premature stage of controversy. They are short-term orders given by the court that need a party to perform or abstain from performing a specific act to preserve the status quo. It is usually allowed on a provisional basis pending a final resolution of the dispute, i.e. they are subject to later adaptation or set aside by the arbitral tribunal.
However, enough grounds for a party to request interim measures in arbitration and the aspiration of what those measures may depend on the arbitration agreement, any applicable arbitration rules and the full provisions of any national law in strength at the seat of arbitration.
For example, in Thai litigation, a plaintiff may capitulate an appeal for an interim measure together with the objection at any hour before the court renders its acumen for certain specific measures, such as the following:
- The seizure or fitting of the whole or part of a property in debate, or the property of the defendant, including any cash or property of a ternary person due to the defendant;
- A short-term order restraining the defendant from redo or continuing to perform a wrongful act, a form of contract, or other order with the motive of minimizing the damage and injury the plaintiff may comfort until the case becomes final or until the court orders otherwise;
- A sequence directing the Registrar, competent formal or any other person with authority and responsibility under Thai law to cease the registration, modification or dissolving of the registration about the property in debate or the property of the defendant or
- The provisional seizure and custody of the defendant.
The three Temporary Measures of Arbitration Act are as follows:
1. Temporary Measures under the UNCITRAL Model Law
Due to the reality that arbitration has gradually become more accepted around the world, the United Nations Commission on International Trade Law (the “UNCITRAL”) issued a mock-up law on arbitration in 1985 to be implemented by countries around the world known as the “UNCITRAL Model Law on International Commercial Arbitration” (the “Model Law”).
2. Temporary Measures under the Thai Arbitration Act
Article 39 of the Thailand Arbitration Organization Rules (the “TAI Rules”) provides that an arbitral board may grant interim or short-term measures for the defence of a party as it deems appropriate.
3. Temporary Measures under the Laws of Other Countries
In summary, the Japan Arbitration Act states that the parties may file a petition, either before the commencement of the arbitration procedure or during the route of such procedure, to request a provisional order from the court. Additionally, the parties may also file a petition asking for interim measures or temporary measures with the arbitral panel, and the arbitral committee can order to act accordingly.
Arbitration and Conciliation Act 1996
The Government of India announced the Arbitration and Conciliation Act of 1996 by instituting the Arbitration and Conciliation Amendment Bill, 2015 in the Parliament of India. In a venture to make arbitration a mode of agreement of commercial disputes and make India a hub of international commercial arbitration, the President of India on 23 October 2015 made an Ordinance Arbitration and Conciliation (Amendment) Ordinance, 2015 revising the Arbitration and Conciliation Act, 1996.
Let’s know more about this act in detailed below.