Arbitration Links - Linklaters
  • Year: 2017
  • Month: June
  • Jurisdiction: England & Wales

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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