Episode #7 - On-demand bonds: the Shapoorji decision

Podcast number 7 in the CMS ICE Disputes Building Voices podcast series is a discussion with Simon Hale following his successful action in resisting an injunction in the Commercial Court to restrain a USD 32.2m bond call pending ICC Emergency Arbitration Proceedings. Topics of discussion include:A review of the parties’ positions including whether the question of whether it is appropriate to grant injunctive relief is ultimately one for the emergency arbitrator; Why the Court decided in Yumn’s favour; and...

Podcast number 7 in the CMS ICE Disputes Building Voices podcast series is a discussion with Simon Hale following his successful action in resisting an injunction in the Commercial Court to restrain a USD 32.2m bond call pending ICC Emergency Arbitration Proceedings. Topics of discussion include:

• A review of the parties’ positions including whether the question of whether it is appropriate to grant injunctive relief is ultimately one for the emergency arbitrator;
• Why the Court decided in Yumn’s favour; and
• Interim relief under section 44 of the Arbitration Act.

To read more about the decision please see the following updates:

• Simon’s update here: Simon Hale succeeds in the Commercial Court on USD 32.2M Performance Bond Call - 4 Pump Court
• CMS’ LawNow post here: Challenging bond calls on international projects: English courts vs Emergency Arbitrators (cms-lawnow.com)