23 Feb 2012
EASTMAN CHEMICAL LTD v.HEYRO CHEMICAL CO LTD
- Citation
- EASTMAN CHEMICAL LTD v.HEYRO CHEMICAL CO LTD
- Court
- Court of First Instance
- Case number
- HCMP1859/2011
The court dismissed Eastman’s summons to stay the injunction proceedings and rejected the proposed stay of the arbitration: the defendant must not be deprived of the right to have an ex parte Mareva injunction discharge application heard without very good reasons; the asserted cost savings were illusory given the existing timetable and prior directions; s16(3) and Order 1B powers do not extend to arbitration proceedings; applications to stay arbitration should be made to the arbitral tribunal. Consequently the stay was refused and Eastman ordered to pay Heyro’s costs (order nisi).