ABSTRACT
Interim measures are necessary evils in any legal proceedings, including arbitration. They are a reason why court proceedings can become lengthy and costly. This chapter summarizes in general terms a tribunal's powers in relation to the grant of interim measures. It considers two specific types of interim measures commonly sought from tribunals in the course of arbitration: a freezing order or Mareva injunction, and an order for security for costs. The chapter then considers that a tribunal might take into account when deciding whether or not to grant such interlocutory relief. A tribunal needs to identify the source and scope of its powers when faced with an application for interim measures. There are two possible sources of power in Hong Kong: the arbitration agreement and the Arbitration Ordinance. A freezing order is an injunction prohibiting a respondent from dealing with some or all of its assets.
