ex parte application for freezing orders under Art 17J of UNCITRAL Model Law on Commercial Arbitration
Model Law given force of law by s 16 of International Arbitration Act 1974 (Cth)
international arbitration on foot
applicant seeking to prevent respondent transferring its shares in an Australian company which would put that asset beyond applicant’s reach
undertaking as to damages proffered in support of application
undertaking as to damages unsupported
applicant with no assets or presence in the jurisdiction
whether undertaking as to damages sufficiently substantial proffer of protection in circumstances
Court’s inherent or implied power to require security for undertaking as to damages
market volatility relevant consideration
possible effect of order on third parties relevant