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Freezing injunction obtained in support of Swiss arbitration discontinued where no risk of dissipation of assets and no sufficient connection with jurisdiction (Petrochemical Logistics v PSB Alpha AG)

Published on: 07 May 2020

Table of contents

  • What are the practical implications of this case?
  • What was the background?
  • What did the court decide?
  • Case details

Article summary

Arbitration analysis: At the return date hearing of an ex parte injunction, obtained under section 44(2)(e) of the Arbitration Act 1996 (AA 1996), Mrs Justice Moulder in the Commercial Court considered whether to continue the two limbs of the injunction granted at the ex parte hearing. The claimants sought to continue injunctions against two defendants, in support of Swiss arbitration proceedings. The court was required to consider whether the evidence established a risk of dissipation of assets, whether the defendants had assets on which an injunction could ‘bite’, and whether the English courts were the appropriate forum for deciding injunctive relief. Each limb of the injunction engaged slightly different issues, but the court was not prepared to continue either limb of the injunction. Written by Lauren Godfrey, barrister, at Hardwicke.

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