Econet Wireless Ltd v Vee Networks Ltd
Citation: 2 All ER (Comm) 989 and [2006] EWHC 1568 (Comm)
Nature of case:
The applicant sought the lifting of an injunction made without notice in favour of Econet. Setting aside the injunction, the court ruled that very good reason would be required to justify a hearing without notice. The English court was not the appropriate forum for an injunction in aid of arbitration having its seat outside of England. There is a distinction between an exercise of jurisdiction under section 44 of the 1996 Act when an English arbitration was in being or about to be in being, and the use of the court’s exceptional powers under section 44 where the seat of the arbitration was elsewhere.
