Day 03

“Navigating Interim and Emergency Relief in Arbitration”

The availability and handling of interim measures in international commercial arbitration has become one of the main issues in developing a legal setup for arbitration. Countries have taken varied approaches in answering the question of how much power is too much power in the context of interim measures. Certain jurisdictions have accorded only to courts the authority to grant interim measures, while others have favored the tribunal instead. Some jurisdictions have attempted to strike a balance, and Sri Lanka too has followed suit as evidenced in the proposed Arbitration Act, the provisions of which have been inspired by that of Hong Kong and Singapore, both being jurisdictions that have been repeatedly ranked as preferred arbitral seats.