1 Arbitral tribunals usually take many weeks, or sometimes months, to constitute. Parties in need of interim or conservatory relief prior to the formation of the tribunal historically had no option but to seek such relief in a national court. The outcome of such a court action—eg, to enjoin immediate termination of a contract or preserve critical evidence—could have a significant effect on the outcome in the subsequent arbitration or even whether the arbitration went forward at all. Thus, parties that had agreed to arbitrate could find that their case had been...
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