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Supreme Court stays implementation of interim injunction

Mariyam Malsa
27 December 2020, MVT 17:36
The Supreme Court has stayed the first interim injunction issued in Maldives in connection to an arbitration case. PHOTO/MIHAARU
Mariyam Malsa
27 December 2020, MVT 17:36

The Supreme Court stayed the first interim injunction issued in Maldives in connection to an arbitration case.

Unanimously finalised by three judges, the order issued by the Supreme Court called to delay the implementation of an interim injunction issued by the High Court, until the conclusion of the relevant appeal case which is ongoing at the top court.

Jumeirah International LLC lodged a case with the Singapore International Arbitration Centre (SIAC) after SPH Pvt Ltd nullified a resort management contract signed in February 2008.

Following the submission, Jumeirah filed a request at the High Court to secure an interim injunction to prohibit SPH from any action which may cause irreparable damage to the rights of Jumeirah under the management contract, issue a preservation order to preserve the status quo and management rights of Jumeirah, and issue a freezing order against SPH to secure Jumeirah's management rights.

The High Court granted the request and issued an interim injunction during November.

In response, SPH appealed the interim injunction at the Supreme Court as a procedural issue, asserting that the matter was not within the jurisdiction of the High Court.

SPH also requested the Supreme Court to delay the implementation of the interim injunction until the top court reached a decision.

The judges bench presiding over the case consisted of Ali Rasheed Hussain, Aisha Shujune Mohamed and Dr Mohamed Ibrahim.

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