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Interim Measures

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ArbitrationProcedure

We pursue and defend interim measures in arbitration including emergency relief, preliminary injunctions, security for claims, and asset preservation orders.

Protecting Rights Pending Resolution

Interim measures protect parties' rights while disputes proceed to resolution. MC Law's Interim Measures practice pursues and defends provisional relief in arbitration proceedings.

Emergency Arbitration

Emergency arbitrator procedures provide rapid relief before tribunal constitution. We file and defend emergency arbitrator applications, presenting compelling cases for urgent relief. We understand which institutions offer emergency procedures and how they operate.

Services in this practice

Business and Commercial Litigation

Frequently asked questions

Available measures include preservation of assets, maintaining the status quo, preventing dissipation of evidence, ordering security for the claim or costs, and anti-suit injunctions to prevent parallel proceedings. Availability depends on the applicable rules and seat.

Many institutions now provide emergency arbitrator procedures for urgent relief before the full tribunal is appointed. Emergency arbitrators can grant provisional measures within days of application, though enforcement may vary by jurisdiction.

Most arbitration laws and rules allow parties to seek interim measures from either courts or tribunals. Court-ordered measures are immediately enforceable, while tribunal-ordered measures may require court assistance for enforcement in some jurisdictions.

Typically, the applicant must show urgency, risk of irreparable harm, a prima facie case on the merits, and that the balance of convenience favors granting relief. The specific standard varies by institution and applicable law.

Enforceability depends on the jurisdiction. Many modern arbitration laws provide for court enforcement of tribunal-ordered interim measures, but gaps remain in some jurisdictions. Emergency arbitrator decisions face additional enforcement challenges.

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Our team

People in this practice

CS
Casey Scott McKay
Attorney
Washington, D.C.
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