Article 17C of UNCITRAL Model Law on International Commercial Arbitration: Specific regime for preliminary orders

UNCITRAL Model Law on International Commercial Arbitration Chapter-IVA Interim measures and Preliminary Orders Section-2 Preliminary orders Article 17C: […]

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UNCITRAL Model Law on International Commercial Arbitration

Chapter-IVA Interim measures and Preliminary Orders

Section-2 Preliminary orders

Article 17C: Specific regime for preliminary orders.

(1) Immediately after the arbitral tribunal has made a determination in respect of an application for a preliminary order, the arbitral tribunal shall give notice to all parties of the request for the interim measure, the application for the preliminary order, the preliminary order, if any, and all other communications, including by indicating the content of any oral communication, between any party and the arbitral tribunal in relation thereto.

(2) At the same time, the arbitral tribunal shall give an opportunity to any party against whom a preliminary order is directed to present its case at the earliest practicable time.

(3) The arbitral tribunal shall decide promptly on any objection to the preliminary order.

(4) A preliminary order shall expire after twenty days from the date on which it was issued by the arbitral tribunal. However, the arbitral tribunal  may issue an interim measure adopting or modifying the preliminary order, after the party against whom the preliminary order is directed has been given notice and an opportunity to present its case.

(5) A preliminary order shall be binding on the parties but shall not be subject to enforcement by a court. Such a preliminary order does not constitute an award.


 



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