Article 23 - Recognition and enforcement of interim measures of protection
(1) An interim measure of protection issued by an
Arbitral Panel shall be recognised as binding and, unless otherwise provided by the Arbitral Panel, enforced upon application to the QFC Tribunal, irrespective of the country in which it was issued, subject to the provisions of this Article.
QFC Tribunal may refuse to enforce an interim measure of protection, only:
(A) at the request of the party against whom it is invoked, if the
QFC Tribunal is satisfied that:
(i) such refusal is warranted on the grounds set forth in Article 43(1)(A)(i), (ii), (iii) or (iv); or
(ii) any requirement to provide appropriate security in connection with the interim measure issued by the
Arbitral Panel has not been complied with; or
(iii) the interim measure has been terminated or suspended by the
Arbitral Panel or, where so empowered, by the Court of the state in which the Arbitration takes place or under the law of which that interim measure was granted; or
(B) if the
QFC Tribunal finds that:
(i) the interim measure is incompatible with the powers conferred upon the
QFC Tribunal, unless the QFC Tribunal decides to reformulate the interim measure to the extent necessary to adapt it to its own powers and procedures for the purposes of enforcing that interim measure and without modifying its substance; or
(ii) any of the grounds set forth in Article 43(1)(B)(i) or (ii) apply to the enforcement of the interim measure.
(3) Any determination made by the
QFC Tribunal on any ground in paragraph 23(2) of this Article shall be effective only for the purposes of the application to recognise and enforce the interim measure of protection. The QFC Tribunal where recognition or enforcement is sought shall not, in exercising that power, undertake a review of the substance of the interim measure.
(4) The party who is seeking or has obtained recognition or enforcement of an interim measure of protection shall promptly inform the
QFC Tribunal of any termination, suspension or modification of that interim measure.
QFC Tribunal where recognition or enforcement is sought may if it considers it proper require the requesting party to provide appropriate security, if the Arbitral Panel has not already made a determination with respect to security, or where such a decision is necessary to protect the rights of third parties.