Arbitration: Interim Relief

Summary

Arbitrators can make interim protection orders, and there is often a perception that once parties have agreed to proceed by way of arbitration the parties cannot seek interim relief from the courts. This perception persists in both domestic and international arbitration. However, this is generally not the case. In fact, courts can often assist in arbitration proceedings in many ways. One such way is by providing interim relief, which in the case of the international arbitration statutes is permitted in certain cases, e.g., injunctions to freeze assets or to prevent actions from being taken prior to the initiation of the arbitration that would compromise the arbitration agreement. While the New York Convention does not specifically address interim relief, the UNCITRAL Model Law does not prevent parties to arbitration agreements from seeking interim measures of protection from the courts. Notably, Ontario’s International Commercial Arbitration Act, S.O. 2017, c. 2, Sched. 5, provides for...