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Supportive powers of the court: order for the sale of goods

Arbitration Law Monthly

Supportive powers of the court: order for the sale of goods

Under section 44 of the Arbitration Act 1996 the High Court may exercise its ordinary powers in support of arbitration where the arbitrators themselves cannot act. In Dainford Navigation Inc v PDVSA Petroleo SA (The Moscow Stars) [2017] EWHC 2150 (Comm) Males J confirmed that the legislation confers jurisdiction upon the court to order a sale of cargo subject to a lien in an arbitration for the recovery of hire charges.

The Moscow Stars : the facts

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