Interplay between ss. 9 & 44

In Jacobs E&C Ltd v Laker Vent Engineering Ltd [2015] the Court decided a short point on the interation between ss. 9 & 44 of the Arbitration Act 1996.

Jacobs applied under s.44 (an injunction in support of arbitral proceedings) for delivery up of a ‘Quality Certification Dossier’ said to be neccessary for an overal take-over of the project (a biomass combined heat and power plant) in default of which liquidated damages of £16,200 per day would apply.  Laker sought to stay the application for an injunction in favour of the arbitration.

The Court held that it had power to grant injunctions under s.44 and it either does or does not grant that relief.  The question of a stay under s.9 simply does not arise.

On the facts the Court held that there was no sufficient urgency for it to act under s.44 and that the tribunal could act (it was formed and active) and hence the Court would not.


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