Anti-arbitration injunctions and the English courts: judicial interference or judicial protection?

2.50
Hdl Handle:
http://hdl.handle.net/10547/594476
Title:
Anti-arbitration injunctions and the English courts: judicial interference or judicial protection?
Authors:
Seriki, Hakeem
Abstract:
In the course of arbitral proceedings (whether before or during proceedings) a party may need to seek injunctive relief. The use of injunctive relief in international commercial arbitration is nothing new and must not be seen as incompatible with the underlining principles of commercial arbitration such as party autonomy, separability and kompetenz-kompetenz. Many institutional rules1 and arbitration legislation2 allow parties to apply to an appropriate court for injunctive relief. Indeed, injunctions can be very crucial to the outcome of a claim given that there are situations where the tribunal may not yet be constituted or lacks the power to grant the relief sought. For example, s.44 of the Arbitration Act 1996 (the Act) is seen as a supporting measure by which the courts can assist arbitral proceedings by granting an interim injunction so as to preserve evidence and assets in appropriate situations.3 Hence, arbitral proceedings can be secured by prompt early injunctive relief of the type that can only be granted by the courts.
Citation:
Seriki, H. (2013) 'Anti-Arbitration injunctions and the English Courts: Judicial Interference or judicial Protection'. International Arbitration Law Review. 16(2) pp. 43-55.
Publisher:
Sweet and Maxwell
Journal:
International Arbitration Law Review
Issue Date:
2013
URI:
http://hdl.handle.net/10547/594476
Type:
Article
Language:
en
ISSN:
1367-8272
Appears in Collections:
Centre for Research in Law (CRiL)

Full metadata record

DC FieldValue Language
dc.contributor.authorSeriki, Hakeemen
dc.date.accessioned2016-01-21T11:13:11Zen
dc.date.available2016-01-21T11:13:11Zen
dc.date.issued2013en
dc.identifier.citationSeriki, H. (2013) 'Anti-Arbitration injunctions and the English Courts: Judicial Interference or judicial Protection'. International Arbitration Law Review. 16(2) pp. 43-55.en
dc.identifier.issn1367-8272en
dc.identifier.urihttp://hdl.handle.net/10547/594476en
dc.description.abstractIn the course of arbitral proceedings (whether before or during proceedings) a party may need to seek injunctive relief. The use of injunctive relief in international commercial arbitration is nothing new and must not be seen as incompatible with the underlining principles of commercial arbitration such as party autonomy, separability and kompetenz-kompetenz. Many institutional rules1 and arbitration legislation2 allow parties to apply to an appropriate court for injunctive relief. Indeed, injunctions can be very crucial to the outcome of a claim given that there are situations where the tribunal may not yet be constituted or lacks the power to grant the relief sought. For example, s.44 of the Arbitration Act 1996 (the Act) is seen as a supporting measure by which the courts can assist arbitral proceedings by granting an interim injunction so as to preserve evidence and assets in appropriate situations.3 Hence, arbitral proceedings can be secured by prompt early injunctive relief of the type that can only be granted by the courts.en
dc.language.isoenen
dc.publisherSweet and Maxwellen
dc.titleAnti-arbitration injunctions and the English courts: judicial interference or judicial protection?en
dc.typeArticleen
dc.identifier.journalInternational Arbitration Law Reviewen
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