Abstract

30 July 2004 Eady, J Queen's Bench Division [2004] EWHC 2234 [2004] ArbLR 27 Arbitration proceedings--Interim measures--Freezing orders--Court making freezing orders and orders for the preservation and disclosure of evidence --Arbitration proceedings not yet commenced--Whether court had jurisdiction to make protective orders (yes)--Arbitration Act 1996, ss 43 and 44 Arbitrator--Appointment--Multiple contracts and concurrent arbitration and jurisdiction clauses--Parties conceding stay of legal proceedings in favour of arbitration--No notice of arbitration served--Whether court had jurisdiction to appoint arbitrator (no)--Arbitration Act 1996, s 18 Court has inherent jurisdiction to order interim measures where arbitration not yet commenced The defendants sought funding to set up a new company to develop a data management business. Salford Continental Inc and Mr Thompson concluded a term sheet agreement on 3 April 2002. It contained an ICC London arbitration clause. Salford was replaced by Jeimon Holdings NV. On 6 June 2002, Mr Thompson became the sole director of the vehicle chosen as Newco, a Dutch company which changed its name to Glidepath Holding BV. It was wholly owned by Jeimon Holdings NV. Glidepath, Jeimon and the first and sixth defendants--ie Mr Thompson and Earlyred Corporation NV--entered into a shareholders' agreement, pursuant to which Earlyred, a company