JOL & Anor v JPM [2023] EWHC 2486 – 9 October 2023 (Foxton J)

Disputes arose under 2 bareboat charters over Owners’ Termination Notices (following shareholding changes in sub-charterers). After starting arbitration, Owners sought injunctive relief from the Court under s.44(3) of the Arbitration Act (orders to preserve evidence or assets in urgent cases) requiring the immediate redelivery of the Vessels, as during the proceedings the Vessels would be exposed to risks and loss of Owners’ opportunity. The Court declined the injunction because Owners failed to prove urgency and further, the injunction, in bringing about redelivery, would thwart the arbitrators’ role in deciding validity of the Notices.