Security may be sought in any civil case that is subject to consideration by a court or arbitral tribunal. Therefore, nothing precludes a state court from ordering interim measures if the parties submit the dispute to arbitration.
For interim relief, the parties should apply to the court that would have had jurisdiction to hear the case in the absence of the arbitration clause.
The arbitral tribunal may, at the request of a party who has substantiated the claim, order any interim measure it considers necessary in respect of the subject matter of the dispute. The arbitral tribunal may make the measure subject to appropriate security. In order to be enforceable, an order of the tribunal requires an enforcement clause issued by a court.
It often happens that the plans for a project are modified after a decision on environmental conditions is issued but before issuance of a permit for the project itself (e.g. the building permit). Is it necessary to amend the environmental decision?
read furtherWhen a company has been issued an environmental permit, e.g. to release particles into the atmosphere, may it freely assign its rights under the permit?
read furtherInterest in arbitration is growing, due to its effectiveness, professionalism, confidentiality and speed—particularly important benefits for businesses. But the parties do not always take full advantage of the possibilities.
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