Meaning
Arbitral orders provide temporary protection of rights or property during the pendency of a legal dispute in Singapore. A siac interim measure injunction often prevents a software developer from deleting the source code for a connected device before a tribunal can review the ownership claim.
Emergency Power
The Singapore International Arbitration Centre allows for the granting of relief before the full tribunal is constituted through an emergency arbitrator. Obtaining a siac interim measure injunction requires proof that the matter is urgent and that the applicant will suffer more harm than the respondent if the order is not granted. This protection is important when a partner threatens to stop providing cloud server access for a smart home ecosystem.
Scope Variety
Orders can range from the preservation of physical evidence to the freezing of assets or the maintenance of the status quo between the parties. A siac interim measure injunction can force a supplier to continue delivering components if the sudden stoppage would destroy the buyer’s business. The tribunal has the power to modify or discharge these measures once more evidence is presented during the main hearing.
Compliance is expected from all parties, and failure to obey the order can lead to adverse inferences being drawn during the final award. This mechanism ensures that the final decision of the tribunal is not rendered moot by the actions of a party during the proceedings.
Enforcement Context
The New York Convention does not always cover interim orders as clearly as final awards, leading to potential difficulties in international enforcement. Utilizing a siac interim measure injunction is most effective when the respondent has available assets within Singapore or other friendly jurisdictions.