The Brazilian Procedural law has for long provided a procedural tool for a potential plaintiff to obtain evidence in aid of court proceedings or arbitration, known as early production of evidence (produção antecipada de provas). Until 2015, such procedural tool aimed at anticipating the production of an evidence when there was a risk of losing the opportunity or that the production of such evidence would become impractical or impossible. In other words, urgency was a…
The Ukrainian Supreme Court ruled in September 2018 on recognition and enforcement of the emergency arbitral award (the…
The Hong Kong courts have the power to grant interim relief in Hong Kong in aid of arbitral…
The Hong Kong courts can issue interim orders in aid of foreign (including the PRC) seated arbitrations, which can be useful in preserving assets and evidence held in Hong Kong (usually by the respondent company). Such interim measures are helpful because many companies (including PRC companies) often do have assets in Hong Kong. These interim orders can cover relief which may not otherwise be available from the arbitral tribunal or the courts in the foreign…
We are pleased to announce that the new edition of The Baker & McKenzie International Arbitration Yearbook is now available.…
Recent development While Turkey’s International Arbitration Law No. 4686 has long permitted Turkish courts to grant interim relief…
In Top Gains Minerals Macao Commercial Offshore Limited v TL Resources Pte Ltd (HCMP 1622/2015) (“Top Gains”), Mimmie Chan J once again showed the pro-arbitration attitude of the Hong Kong judiciary by continuing an injunction granted in support of a Singapore arbitration, even though the Singapore arbitration had no connection with Hong Kong. This case underscores one of the many under-stated advantages of international arbitration over court litigation:- arbitration users in countries that adopt the…
On 11 August 2015, the Tribunal in the case of Perenco Ecuador Limited v. The Republic of Ecuador…
On June 12, 2015 the ICSID tribunal in Muhammet Çap & Sehil Inşaat Endustri ve Ticaret Ltd. Sti.…
While nearly all international arbitral institutions now make provision in their rules for interim relief, national courts are often in a stronger position to provide and enforce such relief. Despite this, recent cases have demonstrated the increasing reluctance of the courts to undermine arbitral proceedings or to permit dual proceedings based on the same dispute. The recent case of Swallowfalls Ltd v (1) Monaco Yachting & Technologies Sam and (2) Peter Landers JR (2015) is…