VetiverTech (Proprietary) Limited v Complete Energy Solutions Limited & Anor (CS MC 09/2020) [2020] SCSC 589 (24 August 2020)

VetiverTech (Proprietary) Limited v Complete Energy Solutions Limited & Anor (CS MC 09/2020) [2020] SCSC 589 (24 August 2020)

The applicant failed to establish that the Seychelles Commercial Code provisions apply to interim measures in a foreign-seated arbitration, did not demonstrate a real prospect of success or irreparable harm, and damages would be an adequate remedy. The balance of convenience and absence of urgency or special circumstances further militated against granting the injunction.

Citation
[2020] SCSC 589
Parties
Applicant: VetiverTech (Proprietary) Limited; Respondent: Complete Energy Solutions Limited; Interested Party: Public Utilities Corporation
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
24 August 2020
Case Number
CS MC 09/2020
Procedural Posture
Ex Parte Application for Interim Interlocutory Injunction / Ruling on Ex Parte Interim Relief Application
Outcome
Application dismissed with costs for the Interested Party.
Legal Topics
Interim Relief, International Arbitration, Injunctions, Enforcement of Arbitral Awards
Source Language
English
Commercial Law Arbitration Civil Procedure Interim Relief International Arbitration Injunctions Enforcement of Arbitral Awards

Case Brief

Summary, issues, holding and outcome

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Parties

VetiverTech (Proprietary) Limited

Applicant

Complete Energy Solutions Limited

Respondent

Public Utilities Corporation

Interested Party

Procedural Posture

Ex Parte Application for Interim Interlocutory Injunction / Ruling on Ex Parte Interim Relief Application

Legal Issues

  1. 1 Whether the Seychelles court can grant interim relief in support of foreign-seated arbitration
  2. 2 Whether the applicant meets the threshold for an interlocutory injunction under American Cyanamid principles
  3. 3 Whether damages would be an adequate remedy for the applicant

Ratio Decidendi

The applicant failed to establish that the Seychelles Commercial Code provisions apply to interim measures in a foreign-seated arbitration, did not demonstrate a real prospect of success or irreparable harm, and damages would be an adequate remedy. The balance of convenience and absence of urgency or special circumstances further militated against granting the injunction.

Court Disposition

Application dismissed with costs for the Interested Party.

Orders

  • Ex parte application for interim relief is dismissed.
  • Costs awarded to the Interested Party.