CHAPTER 13 - England & Wales - Interim Measures in International Arbitration

Author(s): 

Guy Pendell

Page Count: 

30 pages

Media Description: 

1 PDF Download

Published: 

May, 2014

Jurisdictions: 

England,

Wales

Practice Areas: 

Interim Measures of Protection

Tags: 

Interim Measures

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Description: 

Originally from: Interim Measures in International Arbitration

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INTRODUCTION

 

The principal source of arbitration law in England & Wales is the

Arbitration Act 1996 (the “Arbitration Act”), which is based in part on

the UNCITRAL Model Law of 1985.1 Prior to the enactment of the

Arbitration Act, the English legal framework for arbitration was spread

across several statutes and a large body of case law. The Arbitration Act

consolidated this existing legislation and codified rules established by

case law to present a clear statement of the principles of English

arbitration law. In addition, the Arbitration Act harmonised English law

with internationally recognised principles, thereby making arbitration in

England & Wales more attractive to domestic and international users.

 

The Arbitration Act limits judicial intervention in arbitration by

only allowing the courts to provide assistance where it is needed to

ensure that the arbitral process is both fair and efficient. Under the

Arbitration Act, courts in England & Wales are empowered to issue

provisional remedies with respect to arbitral proceedings subject to strict

limitations and this reflects the English courts’ purely supportive

function. Furthermore, the courts will approach any application for

provisional relief with regard to Section 1(c) of the Arbitration Act

which states that “in matters governed by this Part the court should not

intervene except as provided by this Part.” This similarly ensures that

the courts respect the autonomy of arbitral proceedings.

 

The court’s approach to the application of interim measures since

the Arbitration Act came into force, has not been without controversy.

However, in general, the courts have respected the autonomy of arbitral

proceedings where appropriate, whilst recognizing the important role

they play in supporting the arbitral process, particularly, in the

preliminary stages of proceedings, before the arbitral tribunal is

constituted and, therefore, able to act.