London Arbitration -An ‘Urgent'Choice To Make?

A recent decision of the English Commercial Court refusing a party's application for urgent injunctive relief under s.44 of the Arbitration Act 1996 (the "Act"), brings into focus an important issue to consider when drafting agreements to arbitrate (see Gerard Metals v The Trustees of the Timis Trust & others).

BACKGROUND

In very brief summary:

1. Gerard Metals had applied to the LCIA Court for (i) the appointment of an emergency arbitrator under Article 9A of the LCIA Rules, or (ii) the expedited formation of the arbitral tribunal under Article 9B of the LCIA Rules, in order to obtain an urgent freezing order.
2. The LCIA Court refused the application on the basis that it was not a case of "exceptional urgency" or "emergency", as required under Articles 9A and 9B.