header-logo header-logo

Sudden impact

18 March 2016 / Max Mallin , Mark Lewis
Issue: 7691 / Categories: Features , Commercial
printer mail-detail
001_nlj_7691_lewis-mallin

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ career profile: Liz McGrath KC

NLJ career profile: Liz McGrath KC

A good book, a glass of chilled Albarino, and being creative for pleasure help Liz McGrath balance the rigours of complex bundles and being Head of Chambers

Burges Salmon—Matthew Hancock-Jones

Burges Salmon—Matthew Hancock-Jones

Firm welcomes director in its financial services financial regulatory team

Gateley Legal—Sam Meiklejohn

Gateley Legal—Sam Meiklejohn Premium Content

Partner appointment in firm’s equity capital markets team

NEWS

Law school partners with charity to give free assistance to litigants in need

Magic circle firms, in-house legal departments and litigation firms alike are embracing more flexible ways to manage surges of workloads, the success of Flex Legal has shown

Walkers and runners will take in some of London’s finest views at the 16th annual charity event

Law school partners with charity to give free assistance to litigants in need

Could the Labour government usher in a new era for digital assets, ask Keith Oliver, head of international, and Amalia Neenan FitzGerald, associate, Peters & Peters, in this week’s NLJ

back-to-top-scroll