Chapter 23 - Interlocutory Injunctions - International Arbitration Law And Practice, Third Edition
Mauro Rubino-Sammartano is a Partner at LawFed-BRSA. Mr. Rubino-Sammartano is currently the President of the European Court of Arbitration and of the Mediation Centre of Europe, the Mediterranean and Middle East. He is also an associate member, as Italian advocate of Littleton Chambers in London. Mr. Rubino-Sammartano has acted and regularly acts as chairman, party-appointed, sole arbitrator and counsel in a large number of arbitral proceedings. His practice is largely based on international and national litigation and arbitration in the field of contracts, construction law, mergers and acquisitions, sales of goods, joint ventures and interlocutory injunctions.
Originally from International Arbitration Law and Practice, Third Edition
Conservatory measures and injunctions are a remedy frequently sought by the party who needs immediate protection and does not wish to wait for that protection until the merits are decided, frequently many months or even years after the commencement of the arbitral proceedings. Their aim is:1
To secure assets, to preserve the subject matter of the dispute, to avoid prejudice to the rights of the parties during the pendency of the proceedings, to preserve the status quo or to enjoin certain conduct pending the outcome of the proceedings themselves.
A conservative measure or injunction may provide protection within the ambit of the right asserted in such proceedings but may not exceed what will be the possible results of those proceedings.
In Yasuda Fire,2 a U.S. Court emphasized that
“the interim relief represents a ‘temporary equitable order’ … calculated to preserve assets … needed to make a potential final award more meaningful.”
Chapter 23: Interlocutory Injunctions
23.1 In Domestic Arbitration
23.2 Authority under the Applicable Procedural Law
23.3 In International Arbitration
23.4 Distinctions between Holding Measures and Interlocutory Injunctions
23.5 Interlocutory Injunctions in the Form of Awards
23.6 Judicial and Arbitral Precedents
23.7 Standards for the Issue of Interlocutory Injunctions
23.8 Court Enforcement of Arbitral Injunctions
23.9 Anti-Suit Injunctions
23.10 Interferences between Court Proceedings and Arbitral Interim Injunctions
23.11 Arbitrator’s Authority to Vacate Injunction Granted by State Court
23.12 Pre-Arbitral Referee
23.13 Damages for Wrongful Injunction
23.14 Payment Orders During the Proceedings