Interim relief: restraining a performance bond demand

The issue before HHJ Pelling QC in Shapoorji Pallonji & Co Pvt Ltd v Yumn Ltd [2021] EWHC 862 (Comm); [2021] 2 Lloyd’s Rep 59 was whether the Commercial Court should under its powers in section 44 of the Arbitration Act 1996 restrain a demand against a bank under an unconditional performance bond pending the appointment of an emergency arbitrator.

Shapoorji : the facts