Examples of using Preliminary order in English and their translations into French
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Official
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Colloquial
on the basis that that term better expressed the fact that the preliminary order had to be converted into an inter partes interim measure.
the representative of the United Kingdom, he cautioned against any wording that could be interpreted as suggesting that the preliminary order should be addressed to persons that were not parties to the proceedings.
since the arbitral tribunal had to give the party against whom the preliminary order was directed the opportunity to present its case.
After discussion, the Working Group adopted the following revised version of subparagraph(f):"A preliminary order under this paragraph shall expire after twenty days from the date on which it was issued by the arbitral tribunal.
Article 17 B(2) permits an arbitral tribunal to grant a preliminary order if“it considers that prior disclosure of the request for the interim measure to the party against whom it is directed risks frustrating the purpose of the measure”.
The conditions defined under article 17 bis apply to any preliminary order, provided that the harm to be assessed under article 17 bis, paragraph(1)(a), is the harm
terminate an interim measure or a preliminary order it has granted,
at the same time there was nothing that precluded a tribunal from issuing a preliminary order if it was otherwise authorized to do so.
The Chairman recalled the debate in the Working Group, which had concluded that to make a preliminary order enforceable by the courts would put out the wrong message; it had therefore
nature of procedural orders, subparagraph(a) should indicate that a preliminary order should not be issued in the form of an award.
The Chairperson said that it might be better to define the exception in a more general way, because there were other procedures in use to prevent a party from frustrating a preliminary order, including waiting for submissions from both parties before communicating them, or communicating a request for a preliminary order directly to the relevant institution.
that therefore it would still be possible for a court to grant an order enforcing a preliminary order.
it has been stipulated that"[a] preliminary order shall be binding on the parties but shall not be subject to enforcement by a court.
As a rule parties to an arbitration agreement might not be aware of the danger of being later faced by a preliminary order directed against them and might therefore not be prepared to opt-out via a respective clause in their arbitration agreement.
Mr. Castello(United States of America) said it was clear from the wording of paragraph 1 that notice of the request for a preliminary order went to all the parties
of document A/CN.9/605 because, under article 17 quater, paragraph(5), a preliminary order was not subject to enforcement by a court.
which referred to"any party against whom a preliminary order is directed to present its case",
only the party against whom the preliminary order was directed would be invited to present its case,
The Commission agreed that wording along the following lines:"a party shall not be prevented from seeking any relief it would otherwise be entitled to seek in a court because it has obtained such a preliminary order from the arbitral tribunal" should be included in any explanatory material.
The prevailing view was that the words"the arbitral tribunal shall decide as promptly as required under the circumstances" was intended to refer to the decision to be made by the arbitral tribunal in response to any objection that might be raised by the party affected by the preliminary order.