Commercial disputes, International arbitrationWednesday 18 February 2026
Daniel Jukes has written an article on the recent judgment in LLC Eurochem North-West-2 v Techimont SPA & others [2026].
The key issue in this case turned on a question of statutory construction, namely whether pursuant to section 42 of the Arbitration Act 1996 (AA 1996), the court has the power to enforce a peremptory order of an arbitration tribunal which grants anti-suit relief. The Court of Appeal unsurprisingly held that compliance with an order or direction of an arbitral tribunal is necessary for the proper and expeditious conduct of the arbitral proceedings, and such an order includes anti-suit relief. On that basis, the tribunal had the power to grant the peremptory orders, and the court could make an order requiring a party to comply with those orders of the tribunal.
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