Peremptory orders: anti-suit relief

By section 41(5) of the Arbitration Act 1996 an arbitral tribunal may make a peremptory order requiring a party to comply with its directions. Section 42 of the 1996 Act allows the court, on an application by a party with the consent of the tribunal, to make an order requiring the other party to comply with the tribunal's order. The question whether these provisions were appliable to anti-suit relief was discussed by Butcher J in Tecnimont SPA v LLC Eurochem North-West-2 [2025] EWHC 3151 (Comm); [2026] 1 Lloyd's Rep 55. His judgment was upheld by the Court of Appeal, [2026] EWCA Civ 5; [2026] 1 Lloyd's Rep 65.

Tecnimont : the facts