17HRecognition and enforcement

17H Recognition and enforcement (Model Law art 17H) (1) An interim measure issued by an arbitral tribunal under the law of the Territory is to be recognised as binding and, unless otherwise provided by the arbitral tribunal, enforced on application to the court, subject to the provisions of section 17I. (2) An interim measure issued by an arbitral tribunal under the law of a State or another Territory is to be recognised as binding in the ACT and, unless otherwise provided by the arbitral tribunal, enforced on application to the court, irrespective of the State or other Territory in which it was issued, subject to the provisions of section 17I. (3) The party who is seeking or has obtained recognition or enforcement of an interim measure must promptly inform the court of any termination, suspension or modification of that interim measure. (4) The court may, if it considers it proper, order the requesting party to provide appropriate security if the arbitral tribunal has not already made a determination with respect to security or where such a decision is necessary to protect the rights of third parties. Note This section differs from the Model Law, art 17H to the extent necessary to apply art 17H as incorporated in this Act in the context of domestic commercial arbitrations. Interim measures Part 4A Recognition and enforcement of interim measures Division 4 Section 17I R3 02/07/19 Commercial Arbitration Act 2017 Effective: 02/07/19 page 25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au