Jurisdiction(s):
United Kingdom

Singapore International Commercial Court grants worldwide Mareva injunction supporting New York-seated arbitration, clarifying IAA s 12A(3) where ex parte emergency relief unavailable (Novo Nordisk v KBP)

Published on: 07 March 2025

Published by a LexisNexis Arbitration expert

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Novo Nordisk A/S v KBP Biosciences Pte Ltd & Another [2025] SGHC(I) 3

What are the practical implications of this case?

As with many arbitration statutes, the IAA aims to balance two objectives: enabling national courts to issue interim relief that supports arbitrations, while firmly upholding restrained judicial oversight. Section 12A embodies this equilibrium by stipulating that the Singapore court may grant such relief only where, and to the extent that, the arbitral tribunal—or any arbitral or other body or individual given authority by the parties for that purpose, including an emergency arbitrator—has no power or is, for the time being, unable to act effectively. The decision in Novo Nordisk underscores that section 12A is especially valuable when recourse to an emergency arbitrator is not realistically available, whether owing to the procedural posture of the request (for example, where an order is sought without notifying the opposing party) or due to the character of the relief sought (for example, where that remedy is unavailable under the law of the seat, or from the courts at the seat). Consequently, section 12A serves as a safeguard for truly urgent measures in such circumstances...

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