Kaspersky Lab UK Ltd v Hemisphere Technologies Pty Ltd [2016] NSWSC 1476

Kaspersky Lab UK Ltd v Hemisphere Technologies Pty Ltd [2016] NSWSC 1476

A short interim injunction to preserve the status quo is justified, not as an interference with the arbitral process, but as necessary to enable the defendant the opportunity to submit a reasoned request to the Emergency Arbitrator for amendment or revocation of the emergency decision, given practical constraints and bifurcation of claims between court and arbitral proceedings.

Parties
Plaintiff: Kaspersky Lab UK Ltd; Defendant: Hemisphere Technologies Pty Ltd
Jurisdiction
Australia
Judgment Date
14 October 2016
Procedural Posture
Equity Commercial List / Interlocutory Application for Interim Injunction and Stay
Outcome
Interim injunction granted
Legal Topics
Interim Injunctions, Arbitration Proceedings, Distributorship Agreement Termination, Emergency Arbitrator Process
Arbitration Injunctions Commercial Law Interim Injunctions Arbitration Proceedings Distributorship Agreement Termination Emergency Arbitrator Process

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Parties

Kaspersky Lab UK Ltd

Plaintiff

Hemisphere Technologies Pty Ltd

Defendant

Procedural Posture

Equity Commercial List / Interlocutory Application for Interim Injunction and Stay

Legal Issues

  1. 1 Whether a short interim injunction should be granted to maintain the status quo pending application to an Emergency Arbitrator under the Arbitration Institute of the Stockholm Chamber of Commerce Rules
  2. 2 Whether granting such injunction constitutes impermissible interference with the arbitral process

Ratio Decidendi

A short interim injunction to preserve the status quo is justified, not as an interference with the arbitral process, but as necessary to enable the defendant the opportunity to submit a reasoned request to the Emergency Arbitrator for amendment or revocation of the emergency decision, given practical constraints and bifurcation of claims between court and arbitral proceedings.

Court Disposition

Interim injunction granted

Orders

  • Operation of orders made on 14 September 2016 and extended on 12 October 2016 is further extended until 5.00pm on 19 October 2016 upon the usual undertaking as to damages by the defendant.
  • Matter listed for further directions on 17 October 2016 at 10.00am.