Article 31. Grounds for refusal to acknowledge or enforce an interim measure
On international commercial arbitration (ZRU-674-son) · Date: 16.02.2021 · In force
Acknowledgement or enforcement of an interim measure may be refused only in the following cases:
1) at the request of the party against which it is directed, if the court finds that:
such refusal is justified by the grounds set out in paras 3-6 of paragraph 1 of Article 52 of the present Law; or
the decision of the arbitral court on the provision of security in connection with the imposition of interim measures issued by the arbitral court has not been complied with; or
the interim measure has been revoked or suspended by the arbitral court or - if authorized to do so - by a court of the state in which the arbitration is taking place or under the legislation of which that interim measure was ordered; or
2) if the court determines that:
the interim measure is inconsistent with the powers granted to the court, unless the court decides to reformulate the interim measure to the extent necessary to make it consistent with its own powers and procedures for the purposes of enforcing the interim measure and without changing its substance; or
any of the grounds set forth in paragraph 2 of part 1 of Article 52 of the present Law relate to the acknowledgement and enforcement of an interim measure.
Any determination made by the court on any of the grounds referred to in part 1 of this Article shall be valid only for the purposes of the application for acknowledgement and enforcement of the interim measure.
The court in which the acknowledgement or enforcement of an interim measure is sought shall not examine the merits of the interim measure in making this ruling.
