PRE-ARBITRATION STEPS CONTRACTUALLY PRESCRIBED PRE-ARBITRATION MEDIATION, EMERGENCY AWARDS AND COURT ORDERED INTERIM RELIEF

The determinations regarding pre-arbitral steps and interim measures are riddled with intricacies of the applicable law(s) and contractual requirements, any applicable rules of arbitration and the strategic objectives intended to be achieved through the arbitration

- Raunaq B. Mathur and Aubert Sebastian

Two important considerations at the time of drafting arbitration agreements and in the preparatory stages of an arbitration relate to procedures that must precede the invocation of an arbitration i.e., the contractually prescribed pre-arbitral steps and measures that a party may require to secure in advance any potential award that may be rendered in an arbitration.

This article discusses some pre-arbitral interim measures that can be helpful in securing an award, considerations as to choosing the forum to approach for these measures and the issues presented when such measures are required before a contractually prescribed pre-arbitral procedure (such as mediation or conciliation) is completed. In that context, the considerations that apply at the time of drafting an arbitration agreement are also discussed briefly.

PRE-ARBITRAL INTERIM MEASURES