Injunction

Australia, Australian Arbitration Week, Emergency Application, Emergency Arbitrator, Emergency Measure, Injunction, Interim measures, Interim Order, Interim Orders, interim relief

, , , (Corrs Chambers Westgarth)/ /Leave a comment

The annual “Great Debate” took place on the fourth day of Australian Arbitration Week. This event, organised with the support of hosting sponsor Corrs Chambers Westgarth, has now become a mainstay of Australian Arbitration Week, and involves a lively comedic debate between Team Arbitration and Team Litigation about which method of dispute resolution should reign…

Anti-arbitration Injunction, Consent awards, English Arbitration Act, Injunction

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In Minister of Finance (Incorporated) & 1Malaysia Development Berhad v International Petroleum Investment Company & Aabar Investments PJS [2019] EWCA Civ 2080 (“IPIC”), Sir Geoffrey Vos, delivering the judgment of the England and Wales Court of Appeal, addressed the ambit of supervisory relief available before the English Courts under ss 67 and 68 of the…

Anti-arbitration, India, Injunction, Jurisdiction, Trust

(JSA, Advocates & Solicitors) and (J. Sagar Associates)/ /Leave a comment

In a recent decision, Bina Modi and Ors. v. Lalit Modi and Ors., CS(OS) 84 and 85/2020, a single judge of the Delhi High Court has cast doubt on the jurisdiction of Indian courts to grant injunctions restraining arbitral proceedings (popularly called anti-arbitration injunctions). While the grant of anti-arbitration injunctions by Indian courts has been…

Anti-arbitration, Arbitration Act, Injunction, Malaysia, Parallel Proceedings, Stay of Proceedings, Third Party

(Baskaran)/ /Leave a comment

Introduction It is not uncommon for a party (or an alleged party) to an arbitration agreement to apply to the local courts for an injunction to restrain the arbitral proceedings. Such an anti-arbitration injunction is usually applied for on the grounds that the applicant is not in fact a party to the arbitration agreement and…

Appointment of arbitrators, Injunction, Interim measures, Malaysia

, (GanPartnership)/ /Leave a comment

The dilatory tactics of some claimant parties in conducting arbitration proceedings can often be frustrating and can result in unnecessary costs and expenses. In the judgment of Jaks Island Circle Sdn Bhd (“Jaks Island”) v. Star Media Group Bhd (“Star Media”) and AmBank (M) Berhad (“AmBank”) [Originating Summons No.: WA-24C(ARB)-11-02/2018] issued in 2019, the Malaysian…

Arbitration, Arbitration Institutions and Rules, Arbitration Proceedings, Emergency Application, Emergency Arbitrator, ICC, ICC Arbitration, ICC Rules, Injunction, interim relief, International arbitration

(Enyo Law LLP)/ /Leave a comment

Background The ICC Commission on Arbitration has recently published a report on Emergency Arbitrator (“EA”) Proceedings (“Report”) that promises to “offer guidance to users, counsel and EAs to facilitate the use of EA proceedings through increased transparency and predictability”. The Report analyses the 80 cases in which the ICC EA procedures have been used in…

India, Injunction, Investment Arbitration

(Wadia Ghandy & Co)/ /2 Comments

A plethora of business transactions today have evolved into complex structures of multi-faceted sub-transactions. Multiple parties enter into several distinct, yet interconnected and interdependent agreements towards achieving a common commercial goal. Every so often, however, one or more of these interconnected agreements will lack an arbitration agreement; whereas the others will contain similar/related arbitration clauses….

Injunction, Interim measures, Parallel Proceedings

, (Hannes Snellman)/ /3 Comments
Finland Arbitration Institute (FAI)

One of the topics discussed by the panels at last week’s 20th Annual IBA Arbitration Day was parallel proceedings. We heard well-prepared and interesting presentations on many aspects of parallel proceedings such as confidentiality and the taking of evidence. As we all know, such parallel proceedings often also take the form of court proceedings initiated…

Amicus Curiae, European Commission, European Law, European Union, Fair and Equitable Treatment, ICSID Arbitration, ICSID Convention, Injunction, Investment Arbitration, Review on the merits, Romania, Sweden, Uncategorized

(University of Aberdeen )/ /Leave a comment

 ‘By putting its head in the sand, the ostrich can see no problems, and if it can’t see any problems, they don’t exist”[1] To what extent can legal systems differ? Can these differences be legitimate enough to collapse a “conflictive” legal system? These two ambitious questions are difficult to be answered in one go, and…

Injunction, Jurisdiction, Nigeria

(Aluko & Oyebode)/ /Leave a comment

and Afolabi Euba and Hamid Abdulkareem, Aluko & Oyebode, Lagos, Nigeria In the course of 2012, a number of injunctions have been issued by Nigerian courts to stop arbitrations commenced by international oil companies against the Nigerian National Petroleum Corporation (NNPC). One of such orders was made ex parte by the Nigerian Federal High Court…