Introduction

Since the introduction of the Arbitration Act 1996 (the "1996 Act"), there has been debate and uncertainty as to the extent to which the English courts should provide interim relief to a party in urgent cases notwithstanding the existence of an arbitration agreement. Must the relief sought be for the purpose of preserving evidence or assets, or are other forms of injunctive relief available? In a recent unanimous decision of the English Court of Appeal, the court clarified how Section 44(3) is to be construed. The court confirmed that the 1996 Act gave power to the English ...