Arbitration Links - Linklaters
  • Year: 2018
  • Topic: Interim Measures

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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