Abstract:
In Swift-Fortune Ltd v Magnifica Marine SA, the Court of Appeal held that courts have no power under s 12(7) of the International Arbitration Act to grant interim measures in aid of foreign arbitration (ie, arbitration held outside Singapore). The court’s decision contains suggestions that the position may well be different if interim measures of protection were the only relief or order that courts could grant in aid of foreign arbitration. The authors suggest that only interim measures can be granted and, accordingly, the courts should have power to grant interim measures in aid of foreign arbitration.