Out of Order: Seeking the Court’s Assistance Under Section 42 of the English Arbitration Act
One of the complaints levelled at arbitration is that tribunal orders lack teeth because, unlike a court, arbitrators do not have wide-ranging powers to enforce interlocutory measures against a party. Tribunals must often rely on the courts of the seat to enforce interlocutory measures. In December 2022, the English Court of Appeal (“CoA”) in S3D…