Dispute Resolution Hotline November 08, 2017

An evolved approach to the Court-subsidiarity model

This article was originally published in International Arbitration Law Review 2017 Vol.20 Issue 5

Almost two decades ago, the English introduced a set of rules to delineate the role of court and arbitral tribunal in issuance of interim measures. This approach was called the ‘Court-subsidiarity’ model. In this article, the author explores the inconsistency in application of this model by the courts, identifies issues arising as a consequence of the tests prescribed under the model and highlights the lacunas in English & Singaporean laws.

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Nishith Desai Associates 2013. All rights reserved.