V. Interim and Conservatory Measures
Under many national arbitration laws and arbitration rules, the arbitral tribunal may undertake interim and conservatory measures it deems appropriate at any time of the proceedings. Those usually include orders, which pertain to procedural issues necessary to be resolved before the arbitral proceedings can move forward and which are – unlike awards – generally not reviewable by state courts. Moreover, the arbitral tribunal may issue partial or interim awards before the end of the proceedings. Unlike orders, they usually pertain to substantive issues or matters such as the tribunal’s jurisdiction or the applicable law.
Furthermore, many national arbitration laws and arbitration rules also allow the parties to seek interim or conservatory measures from the local state courts. Sometimes, however, only the state courts will be granted the power to undertake interim or conservatory measures. Unfortunately, the interplay between the arbitration rules, the law of the country of the seat of the arbitration and the laws in the country of enforcement is often complex in this regard.