Pharmaceutical Processing Technology Inc v Sci-Chem International Pty Ltd [2021] NSWSC 1078 (27 August 2021)

INTERNATIONAL COMMERCIAL ARBITRATION – Application for interim measure under Article 17J of the UNCITRAL Model Law on International Commercial Arbitration – sparing approach to exercise of the power under Article 17J – where serious question to be tried concerning validity of notices issued by defendant terminating or purporting to terminate contract – where plaintiff likely to suffer harm for which damages would not be an adequate remedy in the short-term if interim injunction not granted – where evidence does not establish that defendant likely to suffer harm in short-term – where plaintiff commenced arbitration proceedings only four days after commencing proceeding in this Court – where plaintiff accepts that continuation of injunction may be revisited by arbitral tribunal and submits that conditions for any longer-term interim injunction, including any security for the plaintiff’s undertaking as to damages, are “quintessentially matters for the arbitrator”

Led by Michael Izzo SC for the applicant for interim measures