JOL & Anor v JPM

Section 44 of the Arbitration Act 1996 allows the court to make orders regarding arbitral proceedings, including interim injunctions, if the arbitral tribunal is unable to act effectively or in urgent cases to preserve evidence or assets.

Arbitration Act 1996, s.44

The court's power under s.44(3) is not limited to freezing injunctions and search orders but can extend to compelling performance of a disputed contractual obligation in urgent circumstances to preserve assets, which can include disputed contractual rights.

Cetelem SA v Roust Holdings Ltd [2005] 1 WLR 355

The court must exercise caution when granting interim mandatory injunctions under s.44(3) that might determine issues the parties agreed to resolve through arbitration. The closer the injunction comes to deciding arbitral issues, the more wary the court should be.

Zim Integrated Shipping Services Ltd v European Container KS [2013] EWHC 3581 (Comm); Euroil Ltd v Cameroon Offshore [2014] EWHC 52 (Comm)

An arbitral tribunal generally lacks the power to grant interim injunctive relief unless expressly conferred by the parties.

Zim Integrated Shipping Services Ltd v European Container KS [2013] EWHC 3581 (Comm); Arbitration Act 1996, s.38(4)

For an interim mandatory injunction, the applicant must satisfy the enhanced American Cyanamid test.

American Cyanamid test