Article 23. Conditions for imposition of interim measures

The party requesting an interim measure pursuant to paragraphs 1, 2, and 3 of part 2 of Article 22 of the present Law shall convince the arbitral court that:

1) there may be harm that cannot be adequately remedied by an award of damages if such measure is not ordered, and that such harm substantially outweighs the harm that might be suffered by the party against whom the measure is ordered if the measure is ordered; and

2) there is a reasonable possibility that the requesting party will succeed on the merits of the claim. Any determination as to such a possibility shall not affect the arbitral court's discretion in making any subsequent determination.

With regard to a request for an interim measure under paragraph 4, part 2 of Article 22 of the present Law, the requirements provided for in paragraphs 1 and 2 of part 1 of this Article shall apply only insofar as the arbitral court considers it appropriate.