Tag Archives: Interim injunction

SPC ISSUES PROVISIONS ON ACTION PRESERVATION IN IP RIGHTS DISPUTES

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 … Continue reading

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Filed under Asia, Court intervention, Hong Kong & China, Interim relief, Publications and Guides

Commercial Arbitration in Australia: Restraining Arbitration to Protect the Integrity of the Court Process

In the recent decision of Caratti v Caratti [No 2],1 Justice Allanson of the Supreme Court of Western Australia granted an interlocutory injunction restraining a party to the proceedings from commencing arbitration. In so doing, His Honour clarified the operation … Continue reading

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Filed under Arbitration clauses, Australia

Injunctions to Preserve Assets or Evidence under Section 44(3) of the English Arbitration Act 1996: High Court Considers Scope

In Zim Integrated Shipping Services Limited v European Container KS and European Container KS 11 [2013] EWHC 3581 (Comm), the High Court considered whether to exercise its discretion to grant interim relief under s44(3) of the Arbitration Act 1996 (the … Continue reading

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Filed under Awards, Enforcement, Europe

Court grants interim injunction under the English Arbitration Act 1996 to preserve the value of contractual rights

In Doosan Babcock Ltd v Commercializidora de Equipos y Materiales Mabe [2013] EWHC 3010 (TCC), the High Court considered the scope of section 44(3) of the Arbitration Act 1996 (the Act). Section 44(3) empowers the courts in cases of urgency … Continue reading

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Filed under Europe

UK Supreme Court confirms power to issue an anti-suit injunction even when no arbitration is underway or proposed

The Supreme Court has confirmed that the English court has jurisdiction to injunct the continuation or commencement of foreign proceedings brought in breach of an arbitration agreement,¬†even in the absence of an actual, proposed or intended arbitration (Ust-Kamenogorsk Hydropower Plant … Continue reading

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Filed under Arbitration clauses, Europe

Recent Developments in India-related international arbitration

Herbert Smith Freehills has issued its latest Indian International Arbitration e-bulletin. The e-bulletin considers two pro-arbitration decisions from the Indian courts as well recent decisions rendered by the English High Court and the Singapore Court of Appeal. The e-bulletin also¬†comments … Continue reading

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Filed under Asia, India, News, Public International Law