Article 22 - Power of Arbitral Panel to order interim measures
(1) Unless otherwise agreed by the parties, the
Arbitral Panel may, at the request of a party, grant interim measures of protection.
(2) An interim measure of protection 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 Panel 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 to prejudice 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 the interim measure of protection shall satisfy the
Arbitral Panel that:
(A) harm not adequately reparable by an award of damages is likely to result if the measure is not ordered, and such harm substantially outweighs the harm that is likely to result to the party against whom the measure is directed if the measure is granted; and
(B) there is a reasonable possibility that the requesting party will succeed on the merits, provided that any determination on this possibility shall not affect the discretion of the
Arbitral Panel in making any subsequent determination.
Arbitral Panel may require the requesting party or any other party to provide appropriate security in connection with such interim measure of protection.
(5) The requesting party shall promptly make disclosure of any material change in the circumstances on the basis of which the party made the request for, or the
Arbitral Panel granted, the interim measure of protection.
Arbitral Panel may modify, suspend or terminate an interim measure of protection it has granted, at any time, upon application of any party or, in exceptional circumstances, on the Panel's own initiative, upon prior notice to the parties.
(7) The requesting party shall be liable for any costs and damages caused by the interim measure of protection to the party against whom it is directed, if the
Arbitral Panel later determines that, in the circumstances, the interim measure should not have been granted. The Arbitral Panel may order an award of costs and damages at any point during the proceedings.