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

11/08/2021 11 min Episodio 7
Episode #7 - On-demand bonds: the Shapoorji decision

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Episode Synopsis

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 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)


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