Faruqi v Commonwealth Secretariat [2002] EWHC 681 (Comm) (26 March 2002)

Faruqi v Commonwealth Secretariat [2002] EWHC 681 (Comm) (26 March 2002)

The court has only a very limited and residual power to intervene in arbitral proceedings, which should be exercised only in exceptional circumstances. The applicant's case did not present such exceptional circumstances, and the statutory framework of the Arbitration Act 1996 does not provide for the interim relief...

Source-derived case information.

Citation
[2002] EWHC 681 (Comm)
Parties
Claimant: Runman Faruqi; Defendant: Commonwealth Secretariat
Jurisdiction
England and Wales
Judgment Date
26 March 2002
Procedural Posture
Application for Interim Relief in Arbitration Proceedings / Interlocutory Application for Interim Relief Pending Determination of Main Claim
Outcome
Application dismissed
Legal Topics
Interim Relief, Court Intervention in Arbitration, Jurisdiction of Arbitral Tribunals, Human Rights Act 1998, Arbitration Act 1996
Arbitration Civil Procedure Interim Relief Court Intervention in Arbitration Jurisdiction of Arbitral Tribunals Human Rights Act 1998 Arbitration Act 1996

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Summary, issues, holding and outcome

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Parties

Runman Faruqi

Claimant

Commonwealth Secretariat

Defendant

Procedural Posture

Application for Interim Relief in Arbitration Proceedings / Interlocutory Application for Interim Relief Pending Determination of Main Claim

Legal Issues

  1. 1 Whether the court should grant interim relief to stay arbitral proceedings pending determination of a court claim
  2. 2 Whether the Arbitration Act 1996 or other statutes provide jurisdiction for such interim relief
  3. 3 Whether exceptional circumstances exist to justify court intervention in the arbitral process

Ratio Decidendi

The court has only a very limited and residual power to intervene in arbitral proceedings, which should be exercised only in exceptional circumstances. The applicant's case did not present such exceptional circumstances, and the statutory framework of the Arbitration Act 1996 does not provide for the interim relief sought. The balance of convenience and potential injustice did not justify intervention.

Court Disposition

Application dismissed

Orders

  • Application for interim relief refused
  • No stay of arbitral proceedings granted