Interim measures of relief Sample Clauses

Interim measures of relief a. An arbitral tribunal established under this Article may recommend an interim measure of protection to preserve the rights of a disputing Contracting Party or to ensure that the Tribunal’s jurisdiction is made fully effective.
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Interim measures of relief. (a) An arbitral tribunal established under this Article may (order or)22 recommend an interim measure of protection to preserve the rights of disputing party or to ensure that the Tribunal's Jurisdiction is made fully effective, including an order to preserve evidence in the possession of control of a disputing Party. A Tribunal may recommend the non-application of the measure alleged to constitute the breach of obligation subject to the dispute.
Interim measures of relief. Availability of interim measures largely depends on international conventions, national legislation and institutional rules. Interim measures are seen as crucial to protecting the parties’ rights by assisting the arbitral tribunal and court to manage risk and improve effectiveness of the arbitration proceedings. Nevertheless, the parties may have valid concerns that the national courts in foreign jurisdictions will not act sufficiently quickly, or will fail to provide an impartial and competent solution. Therefore, the parties may seek to constrain the supporting role of the national courts and the consequent risk by granting the arbitrator the power to order interim relief. In this regard, the parties may seek to adopt rules that provide a definition of interim measures that is non-prescriptive to provide the tribunal with a broad power to apply interim measures to the range of actions to be prevented or refrained from being taken during the arbitration process. All the major international arbitration rules now contain provisions that confer on the arbitral tribunal the authority to grant interim and conservatory measures. The arbitration rules define the scope and function of the tribunal’s power to grant interim measures and, in some instances, may describe the enforcement role of national courts. The extent of enforcement nonetheless ultimately is determined by the national law of the pertinent court. Generally, the parties may seek either to restrain or stay an activity, order that a particular action be taken, or provide security for costs. The arbitration rules, however, can differ with respect to the specified forms of interim relief that may be granted. Some arbitration rules simply provide that the tribunal may grant any interim or conservatory measures the tribunal “deems necessary,” while others provide for a highly specific identification of available relief, the breadth of which must be interpreted by the arbitrators on a case-by-case basis. Tribunals established under certain arbitration rules will have the power to issue interim measures by default (unless the parties agree otherwise) without the need for an authorization by the parties. Rules also differ with respect to the considerations the tribunal should take into account before granting or denying a party’s application for interim relief. As an example, some rules provide that a party must satisfy a particular evidentiary showing before an application for interim relief should be gr...

Related to Interim measures of relief

  • Interim Measures of Protection A Tribunal may order an interim measure of protection to preserve the rights of a disputing party, or to facilitate the conduct of arbitral proceedings, including an order to preserve evidence in the possession or control of a disputing party. A Tribunal may not order attachment or enjoin the application of the measure alleged to constitute a breach referred to in paragraph 1 of Article 76.

  • Interim Measures 6.1 The Parties acknowledge that the British Columbia Claims Task Force made the following recommendation concerning interim measures:

  • Multiple Measures of Student Learning Measures must include a combination of classroom, school and district assessments, student growth percentiles on state assessments, if state assessments are available, and student MEPA gain scores. This definition may be revised as required by regulations or agreement of the parties upon issuance of ESE guidance expected by July 2012.

  • Provisional Measures Article 50

  • General Measures (a) Evidence of family violence may be required and can be in the form an agreed document issued by the Police Service, a Court, a registered health practitioner, a Family Violence Support Service, district nurse, maternal and health care nurse or Lawyer. A signed statutory declaration can also be offered as evidence.

  • Protective Measures We have implemented and will maintain appropriate technical and organisational measures in relation to the Services taking into account the state of the art, the costs of implementation, and the nature, scope, context and purposes of Processing, as well as the likelihood and severity of risk to the rights and freedoms of data subjects. This includes measures relating to the physical security of Our facilities used to deliver them, measures to control access rights to Our assets and relevant networks, and processes for testing these measures. In accordance with Our obligations under applicable law, We may undertake digital forensic investigations in relation to the use of the Services and Subscriptions. You are responsible for using, and ensuring that your Users use, the controls and advice provided by the Services correctly and consistently.

  • Performance Measures and Metrics This section outlines the performance measures and metrics upon which service under this SLA will be assessed. Shared Service Centers and Customers will negotiate the performance metric, frequency, customer and provider service responsibilities associated with each performance measure. Measurements of the Port of Seattle activities are critical to improving services and are the basis for cost recovery for services provided. The Port of Seattle and The Northwest Seaport Alliance have identified activities critical to meeting The NWSA’s business requirements and have agreed upon how these activities will be assessed.

  • Safety Measures Awarded vendor shall take all reasonable precautions for the safety of employees on the worksite, and shall erect and properly maintain all necessary safeguards for protection of workers and the public. Awarded vendor shall post warning signs against all hazards created by the operation and work in progress. Proper precautions shall be taken pursuant to state law and standard practices to protect workers, general public and existing structures from injury or damage.

  • Ongoing Performance Measures The Department intends to use performance-reporting tools in order to measure the performance of Contractor(s). These tools will include the Contractor Performance Survey (Exhibit H), to be completed by Customers on a quarterly basis. Such measures will allow the Department to better track Vendor performance through the term of the Contract(s) and ensure that Contractor(s) consistently provide quality services to the State and its Customers. The Department reserves the right to modify the Contractor Performance Survey document and introduce additional performance-reporting tools as they are developed, including online tools (e.g. tools within MFMP or on the Department's website).

  • Power to order provisional relief For the purposes of section 39 of the Arbitration Xxx 0000, should any Relevant Dispute be allocated in accordance with the ADRR to arbitration under Chapter F of the ADRR, the arbitrator shall have power to order on a provisional basis any relief which he would have power to grant in a final award including Performance Orders.

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