(1) A party may at any time request that the Tribunal order provisional measures to preserve that party’s rights, including measures to:
a)
prevent action that is likely to cause current or imminent harm to that party or prejudice to the arbitral process;
b)
maintain or restore the status quo pending determination of the dispute; or
c)
preserve evidence that may be relevant to the resolution of the dispute.
(2) The following procedure shall apply:
a)
the request shall specify the rights to be preserved, the measures requested, and the circumstances that require such measures;
b)
the Tribunal shall fix time limits for submissions on the request;
c)
if a party requests provisional measures before the constitution of the Tribunal, the Secretary-General shall fix time limits for written submissions on the request so that the Tribunal may consider the request promptly upon its constitution; and
d)
the Tribunal shall issue its decision on the request within 30 days after the later of the constitution of the Tribunal or the last submission on the request.
(3) In deciding whether to order provisional measures, the Tribunal shall consider all relevant circumstances, including:
a)
whether the measures are urgent and necessary; and
b)
the effect that the measures may have on each party.
(4) The Tribunal may order provisional measures on its own initiative. The Tribunal may also order provisional measures different from those requested by a party.
(5) A party shall promptly disclose any material change in the circumstances upon which the Tribunal ordered provisional measures.
(6) The Tribunal may at any time modify or revoke the provisional measures, on its own initiative or upon a party’s request.
(7) A party may request any judicial or other authority to order interim or conservatory measures. Such a request shall not be deemed incompatible with the agreement to arbitrate, or as a waiver of that agreement.