Arbitration Links - Linklaters
  • Topic: Interim Measures

Anti-arbitration injunctions considered by the English Court of Appeal

18 July 2019 Stephen Lacey, England & Wales; Europe

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In Sabbagh v Khoury and others [2019] EWCA Civ 1219, the Court of Appeal reviewed the extent to which an English court may grant an injunction to restrain parties from participating in an arbitration with an overseas seat.

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Publication of ICC Commission Report on Emergency Arbitrator Proceedings

21 May 2019 Ben Carroll, Africa; Asia-Pacific; Europe; Latin America; Middle East; North America

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The Task Force on Emergency Arbitrator Proceedings and the ICC Commission on Arbitration recently released a report on emergency arbitrator proceedings. The report aims to identify emerging trends based on a review of, inter alia, the ICC filings for emergency arbitrators since 2012 (Annex I) and the ICC National Committees’ responses to questionnaires on local law (Annex II).

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Interim Relief from Mainland Chinese Court will become available for Hong Kong Arbitrations

08 May 2019 Justin Tang, Asia-Pacific; Hong Kong

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On 2 April 2019, the Hong Kong Government and the Mainland Supreme People’s Court signed the Arrangement Concerning Mutual Assistance in Court-ordered Interim Measures in Aid of Arbitral Proceedings by the Courts of the Mainland and of the Hong Kong Special Administrative Region (the “Arrangement”). Once implemented, the Arrangement will allow parties to arbitral proceedings seated in Hong Kong to apply, at any time before an arbitral award is made, to Mainland courts for interim measures including property preservation, evidence preservation and conduct preservation.

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Intra-EU court anti-suit injunctions in support of arbitration under the Brussels I Recast? – The English Commercial Court says no.

29 June 2018 Stephen Lacey, England & Wales; Europe

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In Nori Holdings and others v BOFC [2018] EWHC 1343 (Comm) the Commercial Court has declined an opportunity, in the context of the Brussels I Recast, to resurrect intra-EU court anti-suit injunctions in support of arbitration from the graveyard of the West Tankers ruling. Whilst many may shrug (the prevailing view being in line with this), the decision may be a little more of a missed opportunity then some think.

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Interim relief available from Australian Courts in disputes subject to arbitration

02 May 2018 Nick Rudge; Hilary Birks; Jamil Diu, Australia; Singapore

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In an unanimous decision, the New South Wales Court of Appeal in Kawasaki Heavy Industries Ltd v Laing O’Rourke Australia Construction Pty Ltd [2017] NSWCA 291 (“Kawasaki v LORAC”) has upheld an order for an interlocutory injunction against the appellant, subject to an order made by an arbitral tribunal (that had not yet been constituted). Both parties had agreed to have all disputes except interlocutory relief determined by international arbitration with seat in Singapore pursuant to the ICC Rules and governed by Singapore law. Allens Partner Nick Rudge, Managing Associate Hilary Birks and Lawyer Jamil Diu report.

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English High Court clarifies criteria applicable to s.70(7) of the Arbitration Act 1996

29 June 2017 Erin Marsh, England & Wales

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In Erdenet Mining Corporation LLC v ICBC Standard Bank PLC & Others [2017] EWHC 1090 (Comm) the High Court clarified the criteria applicable to the exercise of its discretion under s.70(7) of the Arbitration Act 1996 (the “Act”), pursuant to which the Court may order (in relation to an arbitration seated in England) that any money payable under an arbitral award shall be brought into court or otherwise secured pending the determination of a challenge to the award under ss.67, 68 or 69 of the Act.

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Recent developments in the Yukos saga see assets in Belgium belonging to Russia unfrozen

27 June 2017 Guillaume Croisant, Belgium

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In 2015, at the request of one of Yukos’s main former shareholders, assets in Belgium belonging to Russia were frozen. The Brussels Court of First Instance has now lifted that order. This decision follows a recent ruling of the Belgian Constitutional Court upholding the so-called ‘Yukos’ Act of 23 August 2015, which reinforces state immunity from enforcement in Belgium.  

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The High Court rules on the English court's powers in support of arbitral proceedings against non-signatories

12 April 2017 Joanne Finnegan, England & Wales; Europe

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The English court’s powers in support of arbitral proceedings in section 44 of the Arbitration Act 1996 are not exercisable against non-parties to an arbitration

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