Injunctive Relief and International Arbitration
INDEX
INDEX
all indexing is to paragraph number- ACAS Arbitration Scheme
- Acknowledgement of service
- Alternative dispute resolution (ADR)
- American Cyanamid test
- Anti-arbitration injunctions
- and anti-suit injunctions ,
- Arbitration Act 1996
- arbitrators, aimed at –
- and Brussels Regulation
- Case Management Conference, participation in
- caution, need for in granting ,
- controversial nature
- delay
- and enforcement of awards
- in English courts ,
- foreign-seated arbitrations –
- frustrating enforcement –
- ICSID perspective –
- judicial proceedings, taking steps in –
- Kompetenz-Kompetenz principle ,
- lack of jurisdiction –
- New York Convention
- non-ICSID perspective –
- power to grant
- stay of proceedings
- supervisory jurisdiction and London-seated arbitrations –
- test for –
- whether decisions made by court or tribunal –
- Anti-suit injunctions
- American Cyanamid test –
- and anti-arbitration injunctions ,
- arbitral tribunal orders similar to ,
- Arbitration Act (section 44) , , ,
- arbitration agreements , –
- arbitration claims
- arbitration exception, scope , , –
- balance of convenience test ,
- breach of arbitration/arbitration agreement , , , –
- breach of contract , , –
- and Brussels Regulation –
- and cause of action –
- and challenge to awards
- circumstances granted by English courts ,
- controversial nature
- as counterproductive
- DAC Report ,
- definition and purpose
- delay –
- discretion, exercise of , ,
- effect –
- emergency arbitrators –
- English courts , , , , ,
- EU position ,
- exclusve jurisdiction clauses , ,
- failure of application for
- final , ,
- foreign-seated arbitrations
- granted where no actual or intended arbitration proceedings “high degree of probability” test
- history ,
- and human rights –
- ICC tribunals, granted by
- ICSID arbitration –
- injunctive relief and contempt of court –
- insurance proceedings , ,
- interference with process of foreign court
- interim
- Arbitration Act (Arbitration Act 1996) 1996 , ,
- arbitrators, powers of
- ICSID tribunals
- modern day jurisdiction to grant pending outcome of arbitral proceedings or proposed proceedings
- prohibitory or mandatory in nature
- refusal to grant
- under Senior Courts Act (s.37) , ,
- threshold test
- where England most appropriate forum
- international comity –
- national courts, relief from
- and New York Convention
- non-compliance by respondent, risk of
- parallel proceedings, risk of
- peremptory orders
- post-Turner and Gasser –,
- power to grant unfettered for non-EU parties ,
- pre-emptive –
- pre-existing restraining injunction from a foreign court –
- pre-West Tankers –
- principles governing grant
- probability, degree needed –
- refusal to grant ,
- restrained party having no presence or assets in England
- Senior Courts Act (s.37) –
- separability principle –
- single-forum cases –
- and sovereign States –,
- third parties
- unconscionable conduct , –,
- and undertakings
- waiver of immunity by State
- whether a tactical shield
- whether serious issue to be tried ,
- Appeals
- Arbitral tribunal
- Arbitration
- agreements see Arbitration agreements
- awards see Awards, arbitration and Brussels I Regulation –
- and Brussels Recast Regulation –
- characteristics pointing to
- claims see Arbitration claims clauses see Arbitration clauses function as dispute resolution process
- pending, assignment during –
- reforms under Recast Regulation
- and restraining injunctions –
- scope of exception , , –
- use of the word “arbitration” in clause
- Arbitration Act (AA) 1996 anti-arbitration injunctions
- anti-suit injunctions and arbitrators –
- arbitration claims
- default provisions, and writing requirement
- and injunctions
- appeals –
- assets, risk of dissipation , , , ,
- certainty –
- court, extending power of
- fraud, risk of
- freezing injunctions , –
- ICSID arbitrations and section 44 of Arbitration Act 1996 –
- injunctive relief arising, appropriate circumstances
- non-urgent cases
- overview of section 44 –
- purpose of section 44(3) –
- relationship between SCA (section 37) and Arbitration Act (section 44) –
- section 72 of Arbitration Act 1996 –, –
- stay of proceedings –
- substantive versus procedural matters
- taking part in proceedings –
- third parties and section 44 of Arbitration Act 1996 6.44.50 urgent cases –
- overview of provisions section 9
- section 38 –
- section 44
- anti-suit injunctions , ,
- contrary agreement
- court, extending power of
- exercise of jurisdiction, arbitration clauses
- freezing injunctions –
- and ICSID arbitrations –
- injunctive relief arising, appropriate circumstances
- overview –
- preservation of assets/evidence ,
- procedural matters
- purpose of section 44(3) – relationship between sections 44(2)(e) and 44(3) ,
- relationship with Senior Courts Act (section 37) –
- and Senior Courts Act (section 37)
- and third parties –
- urgency –
- section 48 –
- section 72
- urgent cases –
- Arbitration agreements
- anti-suit injunctions , –
- assignment during pending arbitration –
- breach –
- commencing proceedings abroad in breach of
- construction of clauses –
- contractual rights created in –
- definitions – “exchange of information”
- existence of, deciding –
- future arrangements, whether covering
- inoperative ,
- intentions of parties
- interim relief granted against parties to
- law governing –
- nature and purpose
- and “other” agreements
- versus other dispute resolution mechanisms
- procedure lacking distinctive external features
- scope, dispute as to
- seat of arbitration –
- signature not required
- stay of proceedings , , ,
- and submission agreement
- termination –
- three-stage enquiry, applicable law
- unilateral –
- validity issues ,
- well-drafted requirement ,
- where not in writing but evidence exists in other documentation
- writing requirement , , see also Arbitration clauses
- Arbitration awards see Awards, arbitration
- Arbitration claims
- Arbitration clauses
- anti-suit injunctions
- Arbitration Act and court powers
- assignment under English law –
- breach
- conflicting , –
- construction –
- existence and applicability
- express provisions in agreement
- immediate reference to arbitration not provided for
- interpretation , ,
- issues not falling within ambit of
- and jurisdictional clauses , ,
- liberal interpretation
- mutual rights and obligations
- pathological –
- standard ,
- use of the word “arbitration” ,
- use of the word “arbitrator”
- validity see also Arbitration agreements
- Arbitration exception
- Arbitrators
- Assets
- Assignment of arbitration clauses
- Awards, arbitration
- Balance of convenience test
- Bilateral investment treaty (BIT)
- Breach of arbitration agreement
- Breach of contract
- Brussels I Regulation 2001
- Brussels Recast Regulation 2012
- Case Management Conference
- Cause of action
- Certainty
- Certificate of Service
- Civil Jurisdiction and Judgements Act (CJA) 1982
- Civil Procedure Rules (CPR)
- Comity, international
- Conciliation
- Contempt of court
- Contract Recognition Board (CRB)
- Contractual injunction
- Contractual rights
- Costs, recovery
- Courts
- anti-arbitration injunctions –
- arbitral tribunal see Arbitral tribunal
- contempt of court and injunctive relief –
- discretion, exercise of
- English see English law/courts
- European Court of Justice, West Tankers case –, ,
- exercise of powers
- extending powers of
- intervention by and foreign-seated arbitrations , ,
- national
- powers exercisable by (section 44 of Arbitration Act) ,
- seat of arbitration ,
- see also Senior Courts Act (s.37)
- DAC Report see Departmental Advisory
- Committee on Arbitration (DAC) Report on
- Arbitration
- Damages
- Declarative relief
- Delay
- Departmental Advisory Committee on Arbitration (DAC) Report on Arbitration
- Discontinuance
- Double adjudication risks
- Effective judicial protection principle
- EFTA Countries
- Enforcement
- English law/courts
- anti-arbitration injunctions ,
- anti-suit injunctions , , , , ,
- Arbitration Act 1996, acting under
- assignment of arbitration clauses –
- conflicting clauses , , ,
- conflict of laws rules
- declarative relief ,
- foreign-seated arbitrations , ,
- law applicable to arbitration agreement , , ,
- pathological arbitration clauses
- recovery of costs and proceedings commenced in England –
- service out of jurisdiction, granting permission to serve
- supervisory powers , , –
- third parties, injunctive relief against ,
- unilateral arbitration agreements see also Law; London-seated arbitrations
- European Convention on Human Rights (ECHR) and private hearing
- European Court of Justice (ECJ)
- European Union (EU)
- Evidence
- “Exchange of information”
- Expert determination
- Foreign-seated arbitrations
- Forum non-conveniens
- France
- Fraud
- Freezing injunctions
- Frustration of arbitral proceedings
- “Gateways,” jurisdictional
- ICSID (International Centre for the Settlement of Investment Disputes)
- Injunctions
- anti-arbitration see Anti-arbitration injunctions
- anti-suit see Anti-suit injunctions
- and appeals –
- and Arbitration Act 1996
- assets, risk of dissipation , , , ,
- certainty –
- contrary agreement under section 44
- court, extending power of
- fraud, risk of
- freezing injunctions –
- ICSID arbitrations and section 44 –
- injunctive relief arising, appropriate circumstances
- non-urgent cases
- overview of section 44 –
- purpose of section 44(3) –
- relationship between SCA (section 37) and Arbitration Act (section 44) –
- section 72 –, –
- stay of proceedings –
- substantive versus procedural matters
- taking part in proceedings –
- third parties and section 44 6.44.50
- urgent cases –
- certainty and injunctive relief –
- freezing injunctions see Freezing injunctions injunctive relief and contempt of court –
- mareva injunctions, cause of action
- restraining see Restraining injunctions
- Insurance actions
- Interlocutory (interim) injunctions
- anti-suit injunctions
- Arbitration Act 1996 , , ,
- arbitrators, powers of
- asset protection , ,
- balance of convenience test ,
- frustration of arbitral proceedings, preventing ,
- ICSID tribunals
- modern day jurisdiction to grant
- pending outcome of arbitral proceedings or proposed proceedings
- prohibitory or mandatory in nature
- refusal to grant , ,
- under Senior Courts Act (s.37) , ,
- serious issue to be tried , ,
- threshold test
- where England most appropriate forum
- International Centre for the Settlement of Investment Disputes (ICSID) see ICSID (International Centre for the Settlement of Investment Disputes)
- International Chamber of Commerce (ICC)
- International comity
- Jurisdiction
- agreement to exclusive jurisdiction
- arbitration clauses and jurisdictional clauses , ,
- arbitrators, freedom to decide ,
- exclusive jurisdiction clauses
- foreign, submission to –
- “gateways,” jurisdictional –, –, , ,
- lack of, and anti-arbitration injunctions –
- parallel proceedings in different jurisdictions
- service out of , ,
- service within
- submission to
- supervisory, and London-seated arbitrations , , –
- see also under Law; Procedure; Seat of arbitration
- Kompetenz-Kompetenz principle
- Law
- of agreement to refer
- applicable, governing arbitration agreements –
- contract law versus applicable law of arbitration agreement
- curial
- English see English law/courts
- express choice of law ,
- express exclusion of specific statutory provisions
- matrix contract, governing
- of seat of arbitration and applicable law of agreement
- of substantive contract
- London Court of International Arbitration (LCIA)
- London-seated arbitrations
- anti-arbitration injunctions
- applicable law ,
- Arbitration Act (section 72)
- charterparty, jurisdiction under
- commencing proceedings abroad in breach of arbitration agreement
- recovery of costs on breach of arbitration agreement
- service ,
- and supervisory jurisdiction , , – see also English law/courts; Seat of arbitration
- Mareva injunctions
- Matrix contract
- Mediation
- Mutual trust principle
- New York Convention, 1958
- Notice of Discontinuance
- Oppressive conduct
- Option Agreement
- Parallel proceedings
- Pending arbitration
- Peremptory orders
- Procedural equality principle
- Procedure
- Public policy issues
- Recovery of costs see Costs, recovery
- Refusal/non-enforcement
- Remedies
- alternative –
- appointment of arbitrators –
- arbitrators and Regulation judgments –
- assessment of recoverable costs
- breach of arbitration agreement and recovery of costs –
- contractual rights –
- damages –
- declarative relief –, –
- grounds for refusal .49 proceedings commenced in England and recovery of costs –
- recovery of costs –
- refusal/non-enforcement in EU –
- resisting enforcement of foreign judgment (non-EU) –
- res judicata and recovery of costs
- submission to foreign jurisdiction –
- anti-suit injunctions see Anti-suit injunctions
- Arbitration Act 1996
- arbitrators and Regulation judgments –
- breach of arbitration agreement and recovery of costs –
- contractual rights –
- costs, recovery
- damages, and breach of arbitration agreement –
- declarative relief
- final
- foreign jurisdiction, submission to –
- alternative –
- Res judicata principle
- Restraining injunctions
- Russian Federation
- “Satellite litigation”
- Seat of arbitration
- appeals
- and arbitration agreements –
- courts ,
- foreign-seated arbitrations , , , –
- importance of determining
- interim relief from foreign court
- law of
- London-seated arbitrations
- parallel proceedings in different jurisdictions
- versus place or venue of arbitration
- purpose of locating
- Russian Federation ,
- Senior Courts Act (s.37)
- Separability principle
- Service
- Single-forum cases
- Sovereign States
- Stay of proceedings
- Submission
- Submission agreement
- Substantive contract, law of
- Supervisory jurisdiction
- Termination
- Third parties
- Time limits
- Tribunals
- Unconscionable conduct
- Undertakings
- Unilateral arbitration agreements
- United Kingdom-seated arbitrations see London-seated arbitrations
- Vexatious conduct