Section 34, The Arbitration Act, 2022

(1) Immediately after an arbitral tribunal has made adetermination in respect of an application for a preliminary order, the arbitral tribunal shall give notice to all parties of the request for the interim measure, the application for the preliminary order, the preliminary order and all other communications, including by indicating the content of oral communication, between a party and the arbitral tribunal in relation thereto. (2) At the same time, an arbitral tribunal shall give an opportunity to a party against whom a preliminary order is directed, to present its case at the earliest practicable time. (3) An arbitral tribunal shall decide promptly on an objection to a preliminary order. (4) A preliminary order shall expire after 20 days from the date on which it was issued by the arbitral tribunal and the arbitral tribunal may however issue an interim measure adopting or modifying Preliminary orders. Specific regime for preliminary orders. (4) Where an emergency arbitrator dies, has been successfully challenged, has been otherwise removed or has withdrawn, the arbitral institution or Court shall appoint a substitute emergency arbitrator within 2 working days thereof. (5) Where an emergency arbitrator is replaced, the emergency relief proceedings shall resume at the stage where the emergency arbitrator was replaced or ceased to perform his functions, unless the substitute emergency arbitrator decides otherwise. 30. (1) Where the parties have agreed on the seat of arbitration, such seat shall be the seat of the emergency relief (2) Where the parties have not agreed on the seat of an arbitration, the arbitral institution or Court that appointed the emergency arbitrator shall fix the seat of the emergency relief proceedings, without prejudice to the arbitral tribunal's determination of the seat once constituted. (3) A meeting with an emergency arbitrator may be conducted in person at a location that the emergency arbitrator considers appropriate or by video conference, telephone or similar means of communication. (4) Where a meeting or proceedings with an emergency arbitrator is conducted by video conference, telephone or similar means of communication, the parties or the arbitrator may apply the Africa Arbitration Academy Protocol on Virtual Hearings in Africa 2020. 31. (1) Unless otherwise agreed by the parties, an arbitral tribunal may, at the request of a party, grant interim measures. (2) An interim measure granted under subsection (1), is a temporary measure, whether in the form of an arbitral award or in another form, by which the arbitral tribunal orders a party, at any time prior to the issuance of the arbitral award by which the dispute is finally decided, to - (a) make a provisional payment of money or the disposition of property as between the parties; (b) make an interim payment on account of, or provide security for, the costs of the (c) maintain or restore the status quo pending the determination of the dispute; (d) take action that would prevent, or refrain from taking action that is likely to cause, current or imminent harm or prejudice to the arbitral process itself; (e) provide a means of preserving assets out of which a subsequent arbitral award may be satisfied; or (f) preserve evidence that may be relevant and material to the resolution of the dispute. 32. (1) A party requesting an interim measure under paragraphs (a), (b), (c), (d) or (e) of subsection (2) of section 31 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 reasonable possibility that the requesting party will succeed on the merits of the claim and the determination on this possibility shall not affect the discretion of the arbitral tribunal in making a subsequent determination. 26 27 Seat of emergency relief Interim measures. Conditions for granting interim measures. a preliminary order, after the party against whom the preliminary order is directed has been given notice and an opportunity to present its case. (5) A preliminary order shall be binding on the parties but shall not be subject to enforcement by a Court.