Mark Lewis & Max Mallin consider interim injunctions, arbitration clauses & the court’s jurisdiction
The question of the court’s jurisdiction to intervene in disputes which are subject to an arbitration clause is governed by the Arbitration Act 1996 (the Act). The recent case of GigSky ApS v Vodafone Roaming Services S.A.R.L. [2015] EWHC 4047 (Comm) provides a useful illustration of the court’s approach to granting urgent interim injunctions where there is an arbitration clause but no arbitration is on foot.
Background
In GigSky, Vodafone S.A.R.L. (Vodafone) agreed to provide GigSky ApS (Gigsky) with access to Vodafone’s (and Vodafone’s roaming partners’) GSM networks throughout the world (the network), so that GigSky could provide that network access to GigSky’s authorised subscribers (the GigSky Service) (the agreement). The GigSky Service enabled mobile phone users to obtain international data roaming at a low cost.
Vodafone purported to terminate the agreement by notice given late one evening and the next day disconnected the services and withdrew access to the network.
The day after the purported termination, GigSky obtained a without notice interim mandatory injunction from the Commercial Court directing
