When Recognition or Enforcement of Interim Measure May Be Refused

1. Law
2. Georgia Code
3. Civil Practice
4. Arbitration
5. General Provisions
6. International Commercial Arbitration Code
7. When Recognition or Enforcement of Interim Measure May Be Refused

1. Recognition or enforcement of an interim measure may be refused only:
   1. At the request of the party against whom it is invoked if the court is satisfied that:
      1. Such refusal is warranted on the grounds set forth in subparagraphs (a)(1)(A) through (a)(1)(D) of Code Section 9-9-58;
      2. The arbitration tribunal's decision with respect to the provision of security in connection with the interim measure issued by the arbitration tribunal has not been complied with; or
      3. The interim measure has been terminated or suspended by the arbitration tribunal or, where so empowered, by the court of the state in which the arbitration takes place or under the law of which that interim measure was granted; or
   2. If the court finds that:
      1. The interim measure is incompatible with the powers conferred upon the court, unless the court decides to reformulate the interim measure to the extent necessary to adapt it to its own powers and procedures for the purposes of enforcing that interim measure and without modifying its substance; or
      2. Any of the grounds set forth in subparagraph (a)(2)(A) or (a)(2)(B) of Code Section 9-9-58 shall apply to the recognition and enforcement of the interim measure.
2. Any determination made by the court on any ground in subsection (a) of this Code section shall be effective only for the purposes of the application to recognize and enforce the interim measure. Where recognition or enforcement is sought, the court shall not undertake a review of the substance of the interim measure in determining any ground specified in subsection (a) of this Code section.

(Code 1981, §9-9-39, enacted by Ga. L. 2012, p. 961, § 1/SB 383.)

Download our app to see the most-to-date content.