“(1) Unless otherwise agreed by the parties, [parties can agree not to do exparty] a party may, without notice to any other party, make a request for an interim measure together with an application for a preliminary order directing a party not to frustrate the purpose of the interim measure requested. [if A wants to make EP application he will seek freezing order n he will ask for a prelimm order . PO will be crafted in terms to stop B from frustrating it. When A first goes to tribunal and asks for those things, he cannot get interim measure at that stage. The IM can only be made when both parties are heard. BUT in natcts once u hear it, u can freeze it.
(2) The arbitral tribunal may grant a preliminary order provided 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.
(3) The conditions defined under article 17A apply to any preliminary order ...”
^none of this can happen bef tribunal is constituted [ONE OF THE BIGGEST LIMITATIONS. The composition of tribunal is itself fertile ground for dispute. Parties can delay the process at tt stage too. If parties need imp to lockdown property at the first stage, it cannot realistically wait for constitution to ask for interim measure [B would have a lot of time to frustrate that endeavour]. To combat this, fall back position is going to natct before tribunal comes into existence.can ask natct to hold the (???). Some institutions have bcome inventive to grant imp before trib exists. LCC has done this. Created emergency arbitrator. Arbitrator can grant interim measure.. Parties specify under arbitration rules .. After tribunal is formed, EA falls away.
If its an adhoc arbi or AA doesn't have procedure, u go to natct n pray