(1) The party requesting an interim measure under clauses (a), (b), or (c) of subsection (2) of § 3245 of this title shall satisfy the arbitral tribunal that:
(a) Harm not adequately reparable by an award of damages is likely to result if the measure is not ordered, and such harm substantially outweighs the harm that is likely to result to the party against whom the measure is directed if the measure is granted, and
(b) there is a reasonable possibility that the requesting party will succeed on the merits of the claim. The determination on this possibility does not affect the discretion of the arbitral tribunal in making any subsequent determination.
(2) With regard to a request for an interim measure under subsection (2)(d) of § 3245 of this title, the requirements in subsection (1) of this section shall apply only to the extent the arbitral tribunal considers appropriate.
History —Jan. 5, 2012, No. 10, § 5.02.