Section 38, The Arbitration Act, 2022

A party requesting an interim measure or applying for apreliminary order shall be liable for costs and damages caused by the measure or the order to a party if the arbitral tribunal later determines Modification, suspension, termination. Provision o f security. Disclosure. Costs and damages. (b) exercise such power in accordance with its own procedures taking into account the specific features of international arbitration. (2) Where a party applies to the Court for an interim measure and an arbitral tribunal has already ruled on a matter which is relevant to the application, the Court shall treat any findings of fact made in the course of such ruling by the arbitral tribunal as conclusive for the purposes of the application. (3) The Court shall issue an interim measure only where an application to the Court is upon notice to the other party and to the arbitrator and is made with the permission of the arbitrator or is supported by an agreement in writing of the other party and in any case, the Court shall act if the arbitrator or other institution or person vested by the parties with power to issue interim measures is unable for the time being to act effectively. PART VIII - CONDUCT OF ARBITRAL PROCEEDINGS