Melbourne Office - PO Box 452, COLLINS STREET WEST VIC 8007 AUSTRALIA Sydney Office - GPO Box 2506, SYDNEY NSW 2001 AUSTRALIA Telephone: Melbourne Office - +61 3 9629 3709 Sydney Office - +61 2 9233 2600 Facsimile: Melbourne Office - +61 3 9629 3217 Sydney Office - +61 2 9233 3044 Email:adr@arbitrator.com.au Internet:http://www.arbitrator.com.au |
Is is possible to get a Court to prevent the disposition of assets whilst an arbitration is pending?
Yes, see:
However, query whether or not such powers extend to making orders which should otherwise be made by the Tribunal (by reason of all disputes being referred to the Tribunal on a proper construction of the agreement) and or otherwise go beyond preserving the rights of the parties.
That said, the operation of 17J of the Model Law was not considered in this decision which reduces the persuasive weight of the decision4)