(1) Recognition or enforcement of an interim measure may be refused only:
(a) At the request of the party against whom it is invoked if the court is satisfied that:
(i) Such refusal is warranted on the grounds set forth in paragraph (i), (ii), (iii), or (iv) of subsection (a)(1) of § 3249a of this title;
(ii) the arbitral tribunal's decision with respect to the provision of security in connection with the interim measure issued by the arbitral tribunal has not been complied with, or
(iii) the interim measure has been terminated or suspended by the arbitral tribunal or, if so empowered, by a court of the country in which the arbitration takes place or under the law of which that interim measure was granted; or
(b) If the court finds that:
(i) The interim measure is incompatible with the powers conferred upon the court, unless the court decides to reformulate the interim measure to the extent necessary to adapt it to its own powers and procedures for the purpose of enforcing that interim measure and without modifying its substance, or
(ii) any of the grounds set forth in paragraphs (i) and (ii) of subsection (b)(1) of § 3249a of this title apply to the recognition and enforcement of the interim measure.
(2) A determination made by the court on any ground in subsection (1) of this section shall be effective only for purposes of the application to recognize and enforce the interim measure. The court where recognition or enforcement is sought shall not, in making that determination, undertake a review of the substance of the interim measure.
History —Jan. 5, 2012, No. 10, § 5.10.