Freezing injunction not available in support of ICSID arbitration

In ETI Euro Telecom International NV v Republic of Bolivia and anor [2008] EWHC 1689 (Comm), Andrew Smith J considered whether the court had jurisdiction to grant a freezing injunction in support of ICSID arbitration. He held that no such power existed under section 25 of the Civil Jurisdiction and Judgments Act 1982 (CJJA 1982), and that even if that was wrong, it would be inexpedient in the circumstances of the case to make the order.

The case helpfully clarifies the limits of the court's wide power to grant relief in support of other proceedings, and emphasises that in ICSID arbitration, the proper course is generally to seek any necessary interim relief from the tribunal.

NOTE: This decision has been appealed and the appeal dismissed (see Legal update, Court of Appeal confirms freezing injunction not available in support of ICSID arbitration).