Interim and emergency measures

This Overview provides an outline of the interim and emergency measures subtopic covering interim and emergency measures to support arbitration available within England and Wales under the Arbitration Act 1996 (AA 1996). The Overview provides links to the relevant Practice Notes covering freezing injunctions, emergency relief and how to apply to the courts for the emergency relief, and peremptory orders.

Emergency relief in, or in support of, arbitration under the AA 1996 in England and Wales—tribunal or court?

This Practice Note sets out the powers given to the tribunal under AA 1996 to order interim or emergency relief to support an arbitration. The tribunal’s powers are best seen alongside the court’s powers in order for practitioners to choose how best to protect their clients.

For more information, see Practice Note: AA 1996—interim and/or emergency relief—tribunal or court?

Emergency relief in arbitration—applying to the tribunal under

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Uganda Commercial Court extends time for setting-aside applications and clarifies arbitrator’s lien

Arbitration analysis: In a bold ruling, the Uganda Commercial Court has broken with binding Supreme Court precedent and its own prior decisions, holding that it has authority to extend the one-month statutory time limit for applying to set aside an arbitral award where there is prima facie a serious ground for setting aside and the interest of justice requires that time be extended. Though open to doubt, the ruling is likely to influence future legislative reform. The court also clarified the effect of an arbitrator’s lien over an award (exercised due to non-payment of their fees) on the timeline for setting aside, holding that the one-month time limit for the setting-aside application begins to run on the date on which the arbitrator actually avails the award to the parties (including the party in default of payment) or makes it available for their collection (typically from the institution administering the arbitration) and not on the date on which the arbitrator informs the parties that the award is ready but has been withheld under lien or even on a prior date on which the award may have been dated and signed but not availed. This is so regardless of who is to blame for the exercise of the lien or who has paid more than their fair share of the arbitrator’s fees to access the withheld award. This holding might incentivise rather than discourage deliberate non-payment of arbitrators’ fees with the intention of delaying issuance of final awards. Written by Hussein D. Gulam, MCIArb, arbitration and litigation attorney at MMAKS Advocates.

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