(1) Unless otherwise agreed by the parties, 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.
(2) The arbitral tribunal may 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.
(3) The conditions defined in § 3245a of this title shall apply to any preliminary order if the harm to be assessed under subsection (1)(a) of § 3245a of this title is the harm likely to result from the order being granted or not.
History —Jan. 5, 2012, No. 10, § 5.03.