DAELIM CORPORATION v BONITA CO LTD AND OTHERS (THE “DL CARNATION”)

[2021] 1 Lloyd's Rep. 37

QUEEN’S BENCH DIVISION(COMMERCIAL COURT)

Before Mr Justice Andrew Baker

Practice – Injunction to preserve assets in support of arbitration proceedings – Claimant and defendant each asserting debt as against third party – Third-party debtor willing to pay to whomever it was obliged to pay – Defendant refusing to agree to debt being paid into joint account on appropriate terms – Claimant obtaining ex parte injunction restraining defendant from taking steps to recover debt from third party – Whether injunction should be discharged – Arbitration Act 1996, section 44(3).