Norton Rose Fulbright observe that most major institutional arbitral rules provide avenues for interim relief via emergency arbitrators, expedited arbitral appointment or expedited proceedings and question whether it is still worth looking to the courts for interim relief in construction arbitrations? The authors state that there are a number of scenarios in which national courts may offer advantages as, in many jurisdictions, the courts will be the best route to freezing assets given that courts have enviable powers with bite, such as the power to grant a world-wide freezing order and provide for the most serious penalties (such as jail time) if breached.
About Phillip Rompotis
Phillip practices as a barrister and arbitrator in Hong Kong. He has over 25 years’ litigation and arbitration experience in commercial disputes relating to construction & engineering, financial services, joint venture & shareholders agreements, technology, trusts, property and landlord & tenant. He is a Fellow of the Chartered Institute of Arbitrators, the Singapore Institute of Arbitrators, the Malaysian Institute of Arbitrators, and a member of various lists/panels of arbitrators.View