2026 monthly series · Written retrospectively on 13 November 2026. The month is an editorial archive classification, not a claim that this article was first published then or reports an event in that month. Legal position reviewed as at 13 November 2026.
An arbitration agreement does not necessarily exclude interim protection from a state court. Section 1033 ZPO provides an important starting point, but jurisdiction and the requirements of the particular remedy still need examination.
What to examine
An applicant must establish the relevant claim and grounds for interim protection. Institutional emergency procedures may offer another route, depending on the agreed rules. Court orders, tribunal measures and their enforceability are not interchangeable. The strategy should consider where the respondent, evidence and assets are located and which measure can have a practical effect there.
Four practical examples
These illustrative scenarios are not accounts of client matters.
Example 1
Assets may be transferred: investigate the grounds and jurisdiction for a preservation measure.
Example 2
Confidential documents face disclosure: identify the information and the threatened conduct precisely.
Example 3
An emergency arbitrator is available: assess timing and enforceability under the applicable rules.
Example 4
Assets are abroad: obtain advice on the remedies and recognition requirements in the relevant jurisdiction.
Preparing an enquiry
Provide a short chronology, the parties‘ names, complete relevant documents and evidence of service. Flag any current deadline or enforcement measure. An enquiry does not itself preserve a deadline or create a mandate.