Category: Interim relief

Hong Kong – Mainland interim relief arrangement: full text and more detail

4 April, 2019

Following Tuesday's announcement of the Arrangement Concerning Mutual Assistance in Court-ordered Interim Measures in Aid of Arbitral Proceedings by the Courts of the Mainland and of the Hong Kong Special Administrative Region (Arrangement), the Supreme People's Court of China… Read more

Court Support For Arbitration In South Africa: Knowing Where You Stand

1 February, 2019

In December 2017, South Africa brought into law its first piece of legislation dedicated to international arbitration, the aptly named International Arbitration Act of 2017 (the New Act). The New Act The New Act incorporates the provisions of the UNCITRAL… Read more

SPC ISSUES PROVISIONS ON ACTION PRESERVATION IN IP RIGHTS DISPUTES

31 December, 2018

The Supreme People's Court of China (SPC) has released a new set of judicial interpretations concerning interim injunction applications for intellectual property rights (IP Rights)-related disputes. The Provisions on Application of Laws in Adjudication of Action Preservation Cases Involving Intellectual… Read more

Hong Kong Court grants injunction, holds tortious claim unaffected by arbitration agreement

29 November, 2018

In Castlemil Infant (HK) Supplies Co Ltd v Care N Love Development Ltd [2018] HKDC 1419, the Hong Kong District Court granted a mandatory injunction, having found that the plaintiff's underlying tort claims did not fall within the scope of… Read more

Hong Kong courts can order interim relief against non-parties—but only sparingly

13 November, 2018

The decision in Company A and Others v Company B and Others [2018] HKCU 3575 confirms that Hong Kong courts can order interim relief in support of an arbitration, even against a person or entity which is not party to… Read more

Absence of a bilateral or multilateral treaty for enforcement of judgments between UK and Lebanon leads to English Court issuing anti-suit injunction in favour of arbitration

12 July, 2018

In the case of Perkins Engines Company Limited v Mohammed Samih Hussein Ghaddar & Ghaddar Machinery Co. S.A.L [2018] EWHC 1500 (Comm) the English Court was asked to issue an anti-suit injunction against court proceedings brought in Lebanon. The relevant… Read more

English Commercial Court orders stay of Lebanon-seated arbitration in ‘exceptional’ case

21 June, 2018

In the most recent decision in the Sabbagh family feud, Sabbagh v Khoury & Ors [2018] EWHC 1330 (Comm), the English Commercial Court ordered the stay of parallel Lebanon-seated arbitration proceedings. This was despite the tribunal in that case having… Read more

Recent Developments in India-Related International Arbitration

1 March, 2018

Herbert Smith Freehills has issued the latest edition of its Indian international arbitration e-bulletin. In this issue we consider various Indian court decisions, including the availability of interim relief in support of foreign arbitration, sanctions for non-compliance with arbitral orders… Read more

Inside Arbitration: Issue #5 of the publication from Herbert Smith Freehills’ Global Arbitration Practice

23 February, 2018

We are delighted to share with you the latest issue of the publication from the Herbert Smith Freehills Global Arbitration Practice, Inside Arbitration. In addition to sharing knowledge and insights about the markets and industries in which our clients operate,… Read more

Observations on Arbitration: video for in-house counsel on the Myths and Realities of Arbitration

18 September, 2017

In this short video in our Observations on Arbitration series, Professional Support Consultants Vanessa Naish and Hannah Ambrose talk about the myths and realities surrounding the arbitration process. The discussion draws out key points and common misconceptions about arbitration, touching… Read more

The English High Court extends an anti-suit injunction against proceedings brought in breach of an arbitration agreement

7 December, 2016

In the latest chapter of a long-running dispute (John Forster Emmott v Michael Wilson & Partners [2016] EWHC 3010 (Comm)), different aspects of which have been considered by various jurisdictions around the world for over ten years, the English High… Read more

English High Court has no power to grant urgent relief under Arbitration Act where urgent relief could be granted by expedited tribunal or emergency arbitrator under LCIA Rules

7 October, 2016

In the recent case of Gerald Metals SA v Timis [2016] EWHC 2327 (Ch), the English High Court considered its power to grant urgent relief under s 44(3) of the Arbitration Act 1996 ("Act") in circumstances where timely and effective… Read more

When life gives you lemons, make lemonade: anti-suit injunctions and arbitration in London post-Brexit

27 July, 2016

London has long been a city associated with international arbitration. In 2015, even with the UK referendum on EU membership looming, according to analysis by theCity UK, London was the seat or centre of 4,738 international commercial arbitrations, mediations and… Read more

Hong Kong Court of Appeal denies anti-suit injunction on grounds of delay and comity

17 June, 2016

In Sea Powerful II Special Maritime Enterprises (ENE) v Bank of China Limited [2016], the Hong Kong Court of Appeal (CA) has highlighted the need for parties to act promptly when applying for an injunction to restrain foreign court proceedings… Read more

Hong Kong court considers its power to grant injunctions in support of foreign arbitrations; says hybrid clause enforceable

17 December, 2015

In Top Gains Mineral Macao Commercial Offshore Limited and TL Resources Pte Ltd (HCMP1622/2015), the Hong Kong Court of First Instance has refused to discharge an injunction in support of prospective arbitral proceedings in Singapore, despite the "hybrid" nature of… Read more

English Court confirms power to grant anti-enforcement injunction but application fails due to unnecessary delay

16 July, 2015

The English Commercial Court (the Court) in Ecobank Transnational Inc v Tanoh [2015] EWHC 1874 (Comm) refused to restrain the enforcement of two foreign judgments because of unnecessary delay. The application was made on the basis that the subject matter… Read more

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