Power of Arbitral Tribunal to Order Interim Measures

(a)Unless otherwise agreed by the parties, the arbitral tribunal may, at the request of a party, order any party to take such interim measure of protection as the arbitral tribunal may consider necessary in respect of the subject matter of the dispute. The arbitral tribunal may require any party to provide appropriate security in connection with such measure.

(b)Provided a party can demonstrate by clear and convincing evidence that a request for such interim measures to the arbitral tribunal would prejudice its rights, any party may apply to the court defined in Section 42A106 for interim relief. Measures which the court may grant in connection with a pending arbitration include, but are not limited to, preliminary injunction granted in order to protect trade secrets or to conserve goods which are the subject matter of the arbitral dispute.

(c)In considering a request for interim relief, the court shall give preclusive effect to any and all findings of fact of the arbitral tribunal.

(d)Applications may be made to the court under Subsection

(b)of this Section on an ex parte basis.