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Commercial Disputes Resolution and Jurisdiction

CHAPTER 2


Page 11

Interim Orders and Emergency Arbitrators in Maritime Arbitration

Karen Maxwell1

I What Are Interim Orders?

Just like parties to litigation, parties to London maritime arbitration often need to take steps to protect their position or maintain the status quo until the arbitration is completed and an award published. Interim orders may take many forms. For example, a claimant or counterclaimant may seek a freezing order to restrain the removal or dissipation of assets against which they may wish to enforce an award. Suppose a dispute concerns goods or other property which is likely to deteriorate during the arbitration, or in respect of which storage charges are accruing. In that case, a party may wish to seek an order requiring the preservation or sale of that property. Similarly, if there is a risk of evidence being destroyed or lost, orders requiring the preservation of evidence may also be sought. In some cases, more wide-ranging interim orders – notably anti-suit or anti-arbitration injunctions – may be required to protect the integrity of the arbitral process.

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