Hot Issue (#05 May 2017)

Access to English Courts for Interim Measures under Threat?

by Yelyzaveta Kovalska

The High Court of England and Wales (the Court) by its recent judgment in Gerald Metals SA v Timis [2016] EWHC 2327 (Ch) refused to grant injunctive relief on the basis that emergency arbitration procedure was available to the applicant. This approach, if further upheld, raises concerns that the ability of English courts to grant injunctions in support of arbitration might be severely restricted where the emergency arbitration procedure is available to the parties in accordance with arbitration rules.

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