Summary

This appeal raises a short point of statutory construction: whether as a matter of law the court has power under s. 42 of the Arbitration Act 1996 (‘the Act’) to make an order enforcing a peremptory order of an arbitration tribunal granting anti-suit relief.

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It was for these reasons, which are for the most part those of the Judge, that I concurred in the decision that the appeal should be dismissed. Accordingly, like the Judge, I do not find it necessary to express any view whether the same or similar relief should be granted in the exercise of a jurisdiction under s. 37 SCA.