Company 1 v Company 2 & Anor

Company 1 v Company 2 & Anor

The English court has jurisdiction under s44 Arbitration Act 1996 only in cases of urgency and necessity to preserve assets or evidence, but it is not appropriate to exercise that jurisdiction here due to the tenuous connection to England, ongoing proceedings in BVI and Switzerland, and lack of evidence of real risk of dissipation. The application for disclosure is outside the court's jurisdiction and should be made to the arbitral tribunal.

Parties
Claimant: Company 1; Defendant: Company 2; Defendant: A
Jurisdiction
England and Wales
Judgment Date
20 September 2017
Procedural Posture
Arbitration Claim / Ruling on Interim Relief Application
Outcome
Application dismissed
Legal Topics
Interim Relief, Freezing Orders, Disclosure, Jurisdiction, Urgency, Asset Preservation
Arbitration Commercial Law Interim Relief Freezing Orders Disclosure Jurisdiction Urgency Asset Preservation

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Parties

Company 1

Claimant

Company 2

Defendant

A

Defendant

Procedural Posture

Arbitration Claim / Ruling on Interim Relief Application

Legal Issues

  1. 1 Whether the English court has jurisdiction to grant interim relief under s44 Arbitration Act 1996 when the seat of arbitration is Switzerland
  2. 2 Whether the application meets the urgency and necessity requirements under s44(3) Arbitration Act 1996
  3. 3 Whether it is appropriate for the English court to exercise its powers given the tenuous connection to England and ongoing proceedings in BVI and Switzerland

Ratio Decidendi

The English court has jurisdiction under s44 Arbitration Act 1996 only in cases of urgency and necessity to preserve assets or evidence, but it is not appropriate to exercise that jurisdiction here due to the tenuous connection to England, ongoing proceedings in BVI and Switzerland, and lack of evidence of real risk of dissipation. The application for disclosure is outside the court's jurisdiction and should be made to the arbitral tribunal.

Court Disposition

Application dismissed