Court of Appeal confirms freezing injunction not available in support of ICSID arbitration | Practical Law
In ETI Euro Telecom International NV v Republic of Bolivia and anor [2008] EWCA Civ 880, the Court of Appeal upheld the decision of Smith J that the English court does not have jurisdiction under the Civil Jurisdiction and Judgments Act 1982 (CJJA) and the Civil Jurisdiction and Judgments Act 1982 (Interim Relief) Order 1997 (the 1997 Order), to grant a freezing injunction in support of an attachment order obtained from the New York courts, which itself had been granted in support of an ICSID arbitration. Moreover, the ICSID arbitration proceedings themselves were not "proceedings" for the purpose of section 25 of the CJJA and the 1997 Order.