Parties often need urgent orders in shipping disputes – for example to preserve evidence or assets, or to release goods or to stop one party commencing foreign court proceedings in breach of the arbitration agreement. In that situation a party needs to know what remedies are available and most appropriate. It will have to decide whether to go to court or an arbitral tribunal.
The article outlines the basic framework where a party seeks injunctive relief regarding a claim subject to a London arbitration clause. It also includes insights on: the boundary between the court’s powers and those of the tribunal, identifying the basis for interim remedies, an assessment of their practical advantages and particular remedies such as the anti-suit injunction and the freezing order. Additionally, the authors consider how the court (and London tribunals) approach applications for these remedies and what changes may emerge in light of Brexit.
This article was first published in the TDM Special Issue on “Maritime Law Arbitration: Procedural and Substantive Issues”.