SEELE MIDDLE EAST FZE V DRAKE & SCULL INTERNATIONAL SA CO

[2014] EWHC 435 (TCC), Queen's Bench Division, Technology and Construction Court, Mr Justice Ramsey, 24 February 2014

Arbitration - Exercise of interlocutory powers by court - Preservation of assets and evidence - Arbitration Act 1996, section 44

In this case Seele sought an order under section 44 of the Arbitration Act 1996 preventing the defendant from making use of confidential documents allegedly belonging to Seele which were the subject of a dispute which had been referred to arbitration. The court granted an interim order preventing the use of the documents pending the ruling of the arbitrators: the tribunal had not been constituted so the arbitrators were unable to act; the matter was one of urgency; Seele had a strongly arguable case that the documents belonged to it; and the balance of convenience favoured giving priority to Seele's intellectual property rights.