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

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    Authors
    Seriki, Hakeem
    Issue Date
    2013
    
    Metadata
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    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
    URI
    http://hdl.handle.net/10547/594476
    Type
    Article
    Language
    en
    ISSN
    1367-8272
    Collections
    Centre for Research in Law (CRiL)
    Law

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