Примеры использования Preliminary order на Английском языке и их переводы на Русский язык
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only referred to the party against whom the preliminary order was requested.
In order to preserve the possibility for a party to apply to the arbitral tribunal for a preliminary order, it was proposed to modify draft article 17, paragraph 4, as follows.
did not contemplate the situation where the party against whom the preliminary order was requested was a non-participating party.
A preliminary order shall expire after twenty days from the date on which it was issued by the arbitral tribunal.
modification shall take place only after the party against whom the preliminary order is directed has been given notice and an opportunity to present its case.
As a matter of drafting, it was suggested that the words"a preliminary order necessary" should be replaced by"such preliminary order as may be necessary.
In response, it was suggested that the word"modification" implicitly included the right for the arbitral tribunal to extend the preliminary order.
that the arbitral tribunal could require security before, during or after the interim measure or preliminary order entered into force.
It was noted that paragraph 2 required the arbitral tribunal to give the party against whom a preliminary order was directed an opportunity to present its case at the earliest practicable time.
That proposal read as follows:"The arbitral tribunal may rule at any time on claims for compensation of any damage wrongfully caused by the interim measure or preliminary order.
An alternative proposal was made to replace the words"any party against whom a preliminary order is directed",preliminary order..">
In addition, it was pointed out that the term"order" should not be interpreted as imposing any procedural requirement as to the form that a preliminary order should take.
A question was raised as to when a preliminary order would become binding on the parties.
if the enforcement of a preliminary order took longer than twenty days.
retaining the following one, which states that a preliminary order does not constitute an award.
Consistent with its earlier decision that a preliminary order would not be judicially enforceable,
which would still have the effect that the preliminary order was not enforceable.
A further proposal was that paragraph 7 should provide that a preliminary order was in the nature of a procedural order as opposed to an award.
the definition of interim measures under paragraph(2) was so broad that a preliminary order would necessarily be encompassed by that definition.
The Commission might wish to decide whether explanatory material accompanying article 17 ter should include an explanation of the distinction between an interim measure and a preliminary order.