The Arbitration Act 1996 (AA 1996) provides the courts with various powers to
support arbitral proceedings seated in England or elsewhere, whether it be a case of «urgency» under section 44 (3) or in non-urgent cases under section 44 (4).
Leggatt J made it clear that where institutional rules provide parties with quick relief through the arbitral process, they also have the effect of limiting the English courts» ability to use their powers to
support the arbitral proceedings.
Not exact matches
At the same time, the Arbitration Law sets out the circumstances in which the courts may
support and supervise the
arbitral process by, for example, granting orders in relation to interim measures, the taking of evidence and staying court
proceedings in favour of arbitration.
Elektrim SA v Vivendi Universal SA & Ors [2007] 2 Lloyd's Rep 8: grounds for restraining by injunction an arbitration; as well as several leading cases dealing with interim relief in aid of international
arbitral proceedings including Mobil Cerro Negor Ltd v Petroleos de Venezuela SA [2008] 1 Lloyd's Rep 684 (expropriation of Mobil's oil fields in Venezuela; successfully discharged worldwide freezing order for US$ 12 billion under s. 44 of the Arbitration Act 1996); ETI NV v Republic of Bolivia [2009] 1 WLR 665 (CA): (nationalisation of company; successfully discharged a freezing order obtained under s. 25 of the CJJA 1982 and s. 44 of the AA 1996 in aid of an ICSID arbitration); Telenor v Vimpelcom & Altimo Group (pre-arbitration interim relief in S$ 3bn telecommunications shareholder dispute); Yukos Oil v Rosneft (US$ 425m freezing order in
support of enforcement of Russian
arbitral awards);
His practice also encompasses enforcement of foreign judgments and
arbitral awards, taking of evidence abroad and obtaining conservatory measures in
support of foreign
proceedings.
Nigel regularly deals with applications under the Arbitration Act 1996, such as applications to stay legal
proceedings, for the appointment / removal of arbitrators, for the exercise of judicial powers in
support of
arbitral proceedings, and for the correction of awards, as well as appeals from arbitration awards on points of law and challenges to awards for want of jurisdiction or on grounds of serious procedural irregularity.
He has a wide range of experience in all key aspects of international arbitration and litigation, including enforcement of foreign
arbitral awards and state court judgments in Russia and abroad as well as obtaining interim measures from Russian courts in
support of foreign
proceedings.